Madras High Court
A.Stalin vs The Presiding Officer on 4 March, 2021
W.A.(MD)Nos.500 of 2021 and 187 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.500 of 2021 and 187 of 2019
and
C.M.P(MD)No.1501 of 2019
W.A.(MD)No.500 of 2021
A.Stalin : Appellant
Vs.
1.The Presiding Officer
Labour Court,
Tiruchirappalli.
2.The Managing Director
Tamil Nadu State Transport Corporation
(Kumbakonam Division IV) Ltd.,
Thirumayam Road,
Pudukottai. : Respondents
PRAYER: Appeal filed under Clause 15 of the Letters Patent as against the order
dated 04.06.2018 made in W.P.(MD)No.4268 of 2015.
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W.A.(MD)Nos.500 of 2021 and 187 of 2019
For Appellant : Mr.R.Subramanian
For 1st Respondent : Court
For 2nd Respondent : Mr.D.Sivaraman
W.A.(MD)No.187 of 2019
The General Manager
Tamil Nadu State Transport Corporation
Thirumayam Road,
Pudukottai. : Appellant
Vs.
1.A.Stalin
2.The Presiding Officer
Labour Court,
Tiruchirappalli. : Respondents
PRAYER: Appeal filed under Clause 15 of the Letters Patent as against the order
dated 04.06.2018 made in W.P.(MD)No.21330 of 2014.
For Appellant : Mr.D.Sivaraman
For 1st Respondent : Mr.R.Subramanian
*****
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W.A.(MD)Nos.500 of 2021 and 187 of 2019
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
Both the appeals arise out of the Common Order passed by the
learned Single Judge, before whom the award of the Labour Court was put into
challenge.
2.Today, both the learned counsels submitted that a settlement arrived
at between the parties. A copy of the memorandum of settlement, dated
02.03.2021, has also been produced. The following are the terms :
"a) Both the parties viz., the Appellant / Management
and the 1st Respondent / employee have agreed to treat the
date of award passed in the ID No.40 of 2003 i.e.,
23.04.2013 as date of retirement of the 1st Respondent.
b) The Management shall grant continuity of service
to the 1st Respondent till 23.04.2013 and settle all the
retirement benefits by treating 23.04.2013 as the date of
retirement of the 1st respondent.
c) The 1st Respondent has received 17(b) wages till
July, 2017. Both the parties agree that the 1st Respondent is
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W.A.(MD)Nos.500 of 2021 and 187 of 2019
not entitled for back wages for any period and the 17(b)
wages paid to him will not be recovered from his retirement
benefits.
d) The Appellant / Management agrees to settle all the
retirement benefits as stated above within a period of three
months.
e) Both the parties agree for the above terms and the
1st Respondent will not have any claim from the Appellant /
Management except the benefits for which he entitled as per
the above terms."
3. In view of the above, both the writ appeals stand disposed of
accordingly. No costs. Consequently, connected miscellaneous petition is closed.
We hope and trust the Management should comply with the terms of the
agreement, within a period of two months from the date of receipt of a copy of this
order.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 04.03.2021
rm
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W.A.(MD)Nos.500 of 2021 and 187 of 2019
To
The Presiding Officer
Labour Court,
Tiruchirappalli.
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W.A.(MD)Nos.500 of 2021 and 187 of 2019
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
rm
W.A.(MD)Nos.500 of 2021 and 187 of 2019
04.03.2021
http://www.judis.nic.in
