Madras High Court
The Management Of vs J. Suman on 12 July, 2021
W.P.No.982 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
W.P.No.982 of 2021
and WMP.No.1073 of 2021
The Management of
M/s.Seoyon E-HWA Summit Automotive
India Private Limited
(Formerly Known as Hanil Automotive
India Private Limited)
A-8, SIPCOT Industrial Park,
Irrungattukottai, Sriperumbudur TK
Kancheepuram District
Tamil Nadu 602 117.
Rep.by tis Dy.Manager – HR & Admin
K.Sureshkumar ... Petitioner
..Vs..
J. Suman ... Respondents
Prayer:- This Writ Petition is filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorari to call for the
records relating to the Award dated 05.02.2020 passed by the Labour
Court, Kancheepuram in I.D.No.11 of 2018 and to quash the same.
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.982 of 2021
For Petitioner : Mr.R.Jayaprakash
For Respondent : Mr.S.Senthilnathan
ORDER
The Writ Petition is filed, seeking to call for the records relating to
the Award dated 05.02.2020 passed by the Labour Court, Kancheepuram
in I.D.No.11 of 2018 and to quash the same
2. When the matter is taken up for hearing today, learned counsel
on either side submitted that the parties have arrived at an amicable
settlement and in support of the same, they have also produced a Joint
Memo before this Court. The terms in the Joint Memo are extracted
below:
“ 1.Mr.J.Suman agrees and accepts that he was
engaged by the Management as an Assistant Engineer in
the supervisory capacity.
2. Mr.J.Suman further accepts the order of
termination dated 25.02.2013 passed by the management
terminating him from service.
https://www.mhc.tn.gov.in/judis/
W.P.No.982 of 2021
3. In the light of the above, the Management agrees
to pay Mr.J.Suman a lump sum Compensation of
Rs.20,00,000/- (Rupees Twenty Lakhs Only) in full and
final settlement of all his claims against the Management.
This amount includes the leave encashment, Bonus and all
other statutory dues payable to Mr.J.Suman.
4. It is agreed by Mr.J.Suman that he will be liable to
pay the Income Tax on the above said Rs.20,00,000/-
(Rupees Twenty Lakhs Only) as per the provisions of the
Income Tax Act which works out to Rs.50,156/- (Rupees
Fifty Thousand One Hundred and Fifty Six Only) and
agrees that TDS on the above said amount to be deducted
at source.
5. After deducting the Income Tax at source from the
above said Rs.20,00,000/- lakhs, the remaining amount of
Rs.19,49,844/- (Rupees Nineteen Lakhs Forty Nine
Thousand Eight Hundred and Forty Four only) is being
paid to Mr.J.Suman by way of Cheque bearing No.000578
dated 05.07.2021 drawn on Kotak Mahindra Bank.
6. Mr.J.Suman shall accept the amount referred to
supra and shall issue a receipt for having received the said
amount in full and final settlement of all his claims
against the management.
7. Consequent to the receipt of the said amount as
https://www.mhc.tn.gov.in/judis/
W.P.No.982 of 2021
above, it is categorically agreed by Mr.J.Suman that the
payments made under this settlement is full and final
settlement of all the claims and dues against the
Management and he has no claim against the
Management whether monetary or otherwise including
the claim for any employment, re-employment,
reinstatement or recruitment or the like.
8. Mr.J.Suman agrees and accepts that, this
settlement fully and finally settle all his claims against
the management arising out of award dated 05.02.2020
passed by the Hon'ble Kanchipuram labour Court in
ID.No.11 of 2018 and consequent to the receipt of the
amount mentioned above, Mr.J.Suman shall not have
any claim whatsoever against the management based on
the above Award.
9. Both Mr.J.Suman and M/s.Seoyon E – Hwa
Summit Automotive India Pvt Ltd., agree and undertake
to file this settlement with a Joint Memo before the
Hon'ble High Court Madras in as W.P.No.982 of 2021
and pray the Hon'ble High Court, Madras to pass an
order disposing of the above writ petition in terms of this
settlement.
10. Both the parties agreed for the above terms.
https://www.mhc.tn.gov.in/judis/
W.P.No.982 of 2021
3. Recording the above settlement entered into between the parties
under Section 18(1) of Industrial Disputes Act, 1947 read with Rule 25 of
Tamil Nadu Industrial Dispute Rule 1958, the writ petition is disposed of
and the said Memo dated 05.07.2021 shall form part of this order. The
monetary benefits payable to the employee will have to be spread over
for the purpose of income tax in terms of the Judgment of the Supreme
Court in the case of Sundaram Motors Pvt. Ltd., vs. Ameerjan and
another, reported in 1985 LLJ II 22, and a copy of Form-16 shall be
handed over to the Workman in order to enable him to claim refund, if he
is otherwise eligible for such return. No costs. Consequently connected
miscellaneous petition is also closed.
12.07.2021
Internet : Yes (¼)
Index : Yes/No
Speaking/Non speaking order
dpq
https://www.mhc.tn.gov.in/judis/
W.P.No.982 of 2021
S. VAIDYANATHAN, J.
dpq
To
The Labour Court
Kancheepuram.
W.P.No.982 of 2021
and WMP.No.1073 of 2021
(¼)
12.07.2021
https://www.mhc.tn.gov.in/judis/
