S.Shakthivel v. The Joint Commissioner Of Labour / Commissioner Under The Employees Compensation Act

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER S.Shakthivel ... Petitioner -vs1.The Joint Commissioner of Labour / Commissioner under the Employees Compensation Act, Tirunelveli.

2.E.Mani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to record the settlement dated 10.07.2025 arrived between the petitioner and the second respondent in E.C.No.29/2007 and consequently, directing the first respondent to drop further proceedings in E.C.No.29/2007 and close the same as settled. For Petitioner : Mr.P.Sujai Krishna For R1 : Mr.P.Subbaraj Special Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the first respondent to record the settlement dated 10.07.2025 arrived at between the petitioner and the second respondent in E.C.No.29/2007 and, consequently, directing the first respondent to drop further proceedings in E.C.No.29/2007 and close the same as settled.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the second respondent, notice to the second respondent is hereby dispensed with.

4. The brief facts of the case are that the son of the second respondent, who was employed as a Cleaner under the petitioner herein, died in the year 2006 during the course of employment. Thereafter, the second respondent filed E.C. No.29 of 2007 claiming compensation. The said case was disposed of on 31.12.2014, awarding a sum of Rs.2,82,975/- as compensation.

5. It is now contended by the learned counsel for the petitioner that the petitioner was set ex parte in the said proceedings. Subsequently, the petitioner and the second respondent arrived at a consensus, and the second respondent has already received the compensation amount pursuant to the settlement reached between the parties. Hence, the present Writ Petition has been filed seeking a direction to the first respondent to record the said settlement.

6. In the event that a settlement has indeed been entered into between the petitioner and the second respondent, and further, if the same is in accordance with law, the first respondent shall record the said settlement. The exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Needless to state, the first respondent shall summon the second respondent, and after conducting necessary enquiries and obtaining his consent, the proceedings shall be concluded.

7. The Writ Petition stands disposed of with the above directions. No costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 11.12.2025

To:- The Joint Commissioner of Labour / Commissioner under the Employees Compensation Act, Tirunelveli.

K.SURENDER , J.

smn2 11.12.2025