Madras High Court
R.Elumalai vs V.V.Govindaraman .. 1St on 13 December, 2021
CMP.No.4812/2020 & CMA.SR.No.99892/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
CMP.No.4812/2020 & CMA.SR.No.99892/2019
[Hybrid Mode]
CMP.No.4812/2020:-
1.R.Elumalai
2.Tmt.Ammuchi .. Petitioners /
Applicants
Vs.
1.V.V.Govindaraman .. 1st Respondent /
Appellant
2.Mr.Shanmugam
3.Mr.A.Kanniyappan .. RR 2 & 3
CMA.SR.No.99892/2019:-
V.V.Govindaraman .. Appellant
Versus
1.R.Elumalai
2.Tmt.Ammuchi
3.Shanmugam
4.A.Kanniyappan .. Respondents
CMP.No.4812/2020 & CMA.SR.No.99892/2019
Prayer in CMP.No.4812/2020:- Petition filed under Section 151 CPC to
permit the petitioners to withdraw Rs.3,07,749/- [Rupees Three Lakh
Seven Thousand Seven Hundered and Forty Nine only] deposited on the
file of the Joint Commissioner of Labour-I, Teynampet, Chennai together
with accumulated interest from the date of deposit of the above amount
pending disposal of the above CMA SR.No.99892/2019.
Prayer in CMA.SR.No.99892/2019:- Civil Miscellaneous Appeal filed
under section 30[1] of the Workmen Compensation Act, to set aside the
order dated 30.03.2019 and the order copy was received on 19.06.2019
made in WC.No.255/2010 on the file of the Workmen Compensation
Commissioner cum Deputy Commissioner of Labour-I, Teynampet at
Chennai and dismiss the above W.C. Petition in favour of the appellant
herein.
For Petitioners in
CMP.No.4812/2020 /
Appellants in CMA.
SR.No.99892/2019 : Mr. S.Anandakumar
ORDER/JUDGMENT
(1)The above Civil Miscellaneous Petition is filed by the petitioners to
withdraw Rs.3,07,749/- [Rupees Three Lakh Seven Thousand Seven
Hundered and Forty Nine only] deposited on the file of the Joint
Commissioner of Labour-I, Teynampet, Chennai together with
CMP.No.4812/2020 & CMA.SR.No.99892/2019
accumulated interest from the date of deposit of the above amount till
the disposal of the Civil Miscellaneous Appeal.
(2)The Civil Miscellaneous Appeal has been preferred as against the
Award of the Tribunal dated 20.03.2019 made in WC.No.255/2010 by
the Deputy Commissioner of Labour, Teynampet, Chennai, directing the
1st respondent/appellant to pay a sum of Rs.6,15,497/- to the petitioners
in the Miscellaneous Petition/respondents 1 and 2 in the appeal.
(3)The parties have produced before this Court, a Joint Compromise Memo
dated 19.11.2021 signed by the parties in the presence of their respective
counsels.
(4)It is submitted that the parties have agreed for terms and the respondents
have agreed to receive a sum of Rs.4,75,000/- in full quit of their claim
and the appellant/1st respondent had already deposited a sum of
Rs.3,07,749/-. The balance amount of Rs.1,68,000/- was paid by way of
Demand Draft and Cash and the same has been acknowledged by the
petitioners/respondents 1 and 2 in the Appeal.
(5)The 1st respondent/appellant has no objection for the respondents
withdrawing a sum of Rs.3,07,749/- with interest accrued thereon.
CMP.No.4812/2020 & CMA.SR.No.99892/2019
(6)Therefore, the Civil Miscellaneous Petition in CMP.No.484812/2020 is
ordered and the petitioners are permitted to withdraw the said sum of
Rs.3,07,749/- which is lying to the credit of WC.No.255/2010 on the file
of the Joint Commissioner of Labour-I, Teynampet, Chennai.
(7)The Civil Miscellaneous Appeal is disposed of at the SR Stage in
terms of the Joint Compromise Memo dated 19.11.2021. The said Joint
Compromise Memo shall form part of the record.
13.12.2021
AP
Internet : Yes
To
The Deputy Commissioner of Labout-1
Teynampet, Chennai.
CMP.No.4812/2020 & CMA.SR.No.99892/2019
S.S.SUNDAR, J.,
AP
CMP.No.4812/2020 & CMA.SR.No.99892/2019
13.12.2021
