Madras High Court
The Management vs The Presiding Officer on 16 December, 2021
W.A.(MD) No.469 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD) No.469 of 2019
and C.M.P.(MD) Nos.3998 and 8269 of 2019
The Management,
Dalmia Cement (Bharat) Ltd.,
Dalmiapuram, Lalgudi Taluk,
Trichy District. ... Appellant/Petitioner
Vs.
1.The Presiding Officer,
Labour Court,
Tiruchirapalli.
2.R.Ramadurai ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order, dated 04.06.2018, made in W.P.(MD) No.1604 of
2014 by allowing the appeal.
For Petitioner : Ms.P.Malini
For Respondent : Mr.P.Balasubramanian
JUDGEMENT
(Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.)
When the matter was taken up for hearing on 26.11.2021, it was
stated that the matter would be settled and therefore, the matter is
posted today (16.12.2021) under the caption “for reporting settlement”.
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W.A.(MD) No.469 of 2019
2.Today, a Joint Memo of Compromise was filed, signed by the
General Manager-HR, on behalf of the appellant company, and the
second respondent. The second respondent is also present before this
Court.
3.The terms of the Joint Memo of Compromise reads as follows:
1. The 2nd Respondent, Mr. R. Ramadurai, S/o.
Rengarajan has agreed to withdraw all legal
proceedings against the Appellant Management,
including I.D. No.76/2008 and shall not press for any
relief in terms of the award passed in the said Dispute
or in terms of the Order of this Hon'ble Court in W.P.
(MD) No.1604/2014.
2. The 2nd Respondent Mr. R. Ramadurai accepts the
cessation of his employment from the service of the
Appellant Management w.e.f. 27.05.2006 and that he
shall not be entitled to any statutory or contractual
monetary dues, apart from what is provided below:-
a. The Management, taking into consideration of
the period of service rendered by the 2nd
Respondent Mr. R. Ramadurai, and in order to give
a quietus to the long pending litigation, agrees to
pay him a lumpsum amount of Rs.23,00,000/-
(Rupees twenty-three lakhs only). All applicable
taxes to be borne by Mr. Ramadurai will be paid on
his behalf to the authority and the rest would be
paid from the lumpsum.
b. This amount shall be paid by the Management
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W.A.(MD) No.469 of 2019
on Mr. R. Ramadurai withdrawing all the disputes.
3. It is agreed by both the parties that, on payment of the
above amount to Mr.R.Ramadurai, both the parties will
sign a settlement under Section 18(1) of the Industrial
Disputes Act 1947.
4. It is also agreed that both the parties will file a copy of
this Memo before the Hon'ble High Court and shall seek
disposal of the Pending Writ Appeal in terms of this
joint memo of compromise, and in substitution of the
award passed by the Labour Court in I.D. No.
76/2008.”
The terms of the Joint Memo of Compromise is recorded.
4.The Writ Appeal stands disposed of in terms of the Joint Memo of
Compromise. The Joint Memo of Compromise shall form part of this
judgment. No costs. Consequently, connected Miscellaneous Petition are
closed.
[P.S.N.,J] [P.V.,J.]
16.12.2021
Index :Yes/No
Internet :Yes/No
sj
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate / litigant concerned.
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W.A.(MD) No.469 of 2019
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
sj
To
1.The Presiding Officer,
Labour Court,
Tiruchirapalli.
W.A.(MD) No.469 of 2019
16.12.2021
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