Madras High Court
The Management vs The Presiding Officer on 4 January, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)NO.1851 OF 2021
and
C.M.P(MD)No.8067 of 2021
The Management,
Tamil Nadu State Transport Corporation
(Madurai Division) Limited,
By-Pass Road,
Madurai. :Appellant/Petitioner
.vs.
1.The Presiding Officer,
Labour Court,
Madurai. :Ist Respondent/Ist Respondent
2.S.Muthuraja :2nd Respondent/2nd Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.10280 of 2013, dated 04.11.2019
For Appellant :Mr.J.Senthil Kumariah
For Respondent-2 :Mr.A.Rajaram
https://www.mhc.tn.gov.in/judis
2
JUDGMENT
*********
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is directed against the order of this Court
made in W.P(MD)No.10280 of 2013, dated 04.11.2019.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3.The matter was originally referred to the Tamil Nadu
Mediation and Conciliation Centre of this Court, for reaching an
amicable settlement between the parties. The Mediation seems to
be successful and a Settlement Agreement was arrived at between
the parties, which was reduced into writing by way of a Settlement
Agreement, dated 15.12.2021. Both the parties have agreed to the
terms of the Settlement Agreement and accordingly, both the
parties as well as their respective counsels have duly signed in the
Settlement Agreement and the terms of the Settlement Agreement
reads as under:
''1.Disputes and differences had arisen between
the parties hereto and W.A.No.1851 of 2021 was filed
on 02.09.2021 before the Honourable Division Bench.
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2.The matter was referred to
Mediation/Conciliation vide an order dated 27.09.2021
passed by the Honourable Chief Justice and the
Honourable Mr.Justice M.Duraisamy.
3.The parties agreed that Mr.J.Alaguram Jothi
would act as their Mediator/Conciliator.
4.Several meetings were held during the
process of Mediation/Conciliation from 21.10.2021 to
25.12.2021 and the parties have with the assistance
of the Mediator/Conciliator voluntarily arrived at an
amicable solution resolving the above mentioned
disputes and differences.
5.The parties hereto confirm and declare that
they have voluntarily and of their own free will
arrived at this Settlement Agreement in the presence
of the Mediator.
6.The following settlement has been arrived at
between the Parties hereto:-
1.In the meeting held on 29.10.2021,
the second respondent has given a written
representation to reinstate him without back
wages without affecting him continuity of
service. The employer contribution towards
Pension Trust has agreed to be deducted.
2.By a letter dated 8.11.2021, the
https://www.mhc.tn.gov.in/judis
Assistant Manager(MCOP) was authorized by
the Managing Director to represent the matter
before the Mediation.
3.According the Assitant Manager had
taken the matter to be placed before your
Board for approval of the request made by the
second respondent.
4.On 10.12.2021, the Assistant Manager
has proved the board Resolution No.126,
dated 17.11.2021 accepting the above offer
and whereby agreeing to reinstate the second
respondent without backwages with continuity
of service excluding the period from
22.02.2003 to 04.04.2008. The Management
is agreeable to implement the Board
Resolution which is attached herewith.
7.By signing this Agreement the parties hereto
state that they have no further claims or demands
against each other with respect to I.D.No.
8/2011(Case No.) and all disputes and differences in
this regard have been amicably settled by the parties
hereto through the process of Conciliation/Mediation.''
The learned counsels appearing on either side have agreed for
recording the above Settlement Agreement entered between the
parties. The said Setltement Agreement is recorded.
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4.In view of the above, the Writ Appeal stands disposed of in
terms of the Settlement Agreement. The Settlement Agreement
shall form part and parcel of the decree.No costs.Consequently
connected Miscellaneous Petition is closed.
[P.S.N.,J.] [P.V.,J.]
04.01.2022
Index:Yes/No
Internet:Yes/No
vsn
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.
To
The Presiding Officer,
Labour Court,
Madurai.
https://www.mhc.tn.gov.in/judis
PUSHPA SATHYANARAYANA, J.
AND
P.VELMURUGAN, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1851 OF 2021
and
C.M.P(MD)No.8067 of 2021
04.01.2022
https://www.mhc.tn.gov.in/judis
