P.S.Subbiah, v. The Presiding Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.S.Subbiah ...Appellant /Vs./ 1.The Presiding Officer, Labour Court, Tirunelveli.

2.The Management of S.Sattanatha Karaiyalar Pharmacy College, Karaiyal Nagar, Kodikuruchi-627 804, Tenkasi Taluk, Tirunelvei District.

...Respondents

PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to set aside the order dated 12.01.2017 made in W.P.(MD)No.4853 of 2012 and allow the writ appeal.

For A1 : Mr.V.Sasikumar For R2 : Mr.M.P.Senthil 1/4

JUDGMENT

(Judgment of the Court was delivered by DR.ANITA SUMANTH , J.) A Memo has been filed by Mr.V.Sasikumar, learned counsel for the appellant to the effect that the appellant has agreed to receive a sum of Rs.50,000/- as full and final settlement of all disputes inter se the parties and covered by the present litigation. The memo reads as follows: "Memo filed by the appellant:

It is submitted that the appellant was appointed as Watchman in the 2 respondent College on 1.1.1994 and since he was not permitted to work, he raised Industrial Dispute by way of filing I.D.No.80 of 2003 before the Labour Court, Tirunelveli and the same was dismissed on 31.5.2011. Against which, the appellant preferred Writ Petition before this Hon'ble Court in W.P.(MD) No.4853 of 2012 and this Hon'ble Court by its order dated 12.1.2017 dismissed the Writ Petition.

It is submitted that against the dismissal of Writ Petition, the present Writ Appeal is filed and the appellant is agreed to receive a sum of Rs.50,000/- as his full and final settlement regarding the dispute. Accordingly, the 2nd respondent handed over the Demand Draft bearing No.201500 dated 28.8.2023 drawn on Bank of Baroda, Tenkasi Branch on 8.9.2023. It is submitted that the appellant also made an endorsement by acknowledging the Demand Draft dated 28.8.2023.

It is therefore prayed that this Hon'ble Court may be pleased to accept this memo and pass such further or other orders as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case and thus render justice. Dated at Madurai on this the 8 day of September, 2023." 2/4

2. Memo is made part of the records and recording the same, the Writ Appeal is closed. No costs.

[A.S.M.J.,] & [R.V.J.,] 13.09.2023 NCC :Yes/No Index :Yes/No Internet :Yes ta To The Presiding Officer, Labour Court, Tirunelveli.

3/4

DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

ta Order made in Dated:

13.09.2023 4/4