Madras High Court
The Management Of vs R.Govindarajan on 10 March, 2022
W.A.No.2655 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA
KURUP
W.A.No.2655 of 2010 and M.P.No.1 of 2010
The Management of
Sanmar Matrix Metals Limited,
Viralimalai-621 316. ... Appellant
(amended as per order dated 10.01.2022
in CMP.No.21817/2022 in W.A.No.2655/2010)
-vs-
1. R.Govindarajan
2. M.Rajadurai
3. P.Kanagaraj
4. The Presiding Officer,
Labour Court, Tiruchi. ... Respondents
Writ Appeal filed under Section 15 of Letters Patent against the
order passed in W.P.No.14116/1996 dated 23.11.2009.
For Appellant : Mr.Sai Prasad
for M/s.Sai Raaj Associates
For respondents : Mr.N.G.R.Prasad
1 to 3 for M/s.Row and Reddy
JUDGEMENT
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
(Judgment of the Court was pronounced by T.RAJA, J.)
This Writ Appeal has been preferred against the order passed in
W.P.No.14116/1996 dated 23.11.2009 by a learned Single Judge of
this Court.
2. When the matter was called to-day, learned Counsel on
either side jointly stated before this Court that the dispute has been
amicably settled between the parties and three Memorandum of
Settlements under Section 2(p) read with Section 18(1) of the
Industrial Disputes Act and Rule 25(1) of the Tamil Nadu Industrial
Dispute Rules, 1958 have been entered into between the parties on
09.03.2022. Therefore, based on the said Memorandum of
Settlements, the Writ Appeal may be disposed of.
3. In this regard, it is pertinent to extract the three
Memorandum of Settlement here under :
''MEMORANDUM OF SETTLEMENT UNDER SECTION 2(p) READ
WITH SECTION 18(1) OF THE INDUSTRIAL DISPUTES ACT AND
RULE 25(1) OF THE TAMIL NADU INDUSTRIAL DISPUTE RULES,
-----------------------------------------------------------------------
---
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
Date : 09.03.2022
1) Parties to the Dispute The Management of
Sanmar Matrix Metals Limited
(formerly Moorco (India) Limited)
Viralimalai 621 316
and
Its workman Thiru R. Govindarajan
S/o.Rangan
31, Rejeev Gandhi Nagar,
Edamalaipatti Pudur,
Trichy – 620 012.
2) Names of the parties
Representing Employer Thiru K.G.Bhushanam
General Manager – Legal
Representing Workmen Thiru R.Govindarajan
(Party-in-person)
3) No. of employees covered
under the settlement One only
4) SHORT RECITAL OF THE CASE:
Thiru R.Govindarajan (PAN Card No.BQJPG9330D / Aadhar Card
No.2248 0967 8715) (also referred to as "workman") was
employed with M/s. Moorco (India) Limited (presently known as
M/s. Sanmar Matrix Metals Limited) (also referred to as
"Management").
While so, over certain alleged misconducts, Thiru
R.Govindarajan, as well as two other workmen viz., M.Rajadurai
and P. Kanagaraj (collectively referred to as "workmen") were
terminated from the services over certain acts of misconducts
vide separate orders dated 09/02/93. As against the same,
Thiru.R.Govindarajan, as well as the two other workmen raised
industrial disputes which came to be taken up on file before the
Hon'ble Labour Court, Trichy. The industrial Dispute raised by
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
Thiru R.Govindarajan was taken up on file as ID No.26 of 1994
and the other two disputes were taken up as ID Nos.25 and ID
27 of 1994 respectively. The Labour Court after hearing both
parties, passed a common award dated 11/01/96 dismissing the
disputes raised by the workmen, thereby upholding the
termination of the workmen.
As against the said award of the Labour Court, the workmen
filed a common Writ Petition in WP No.14116 of 1996 before the
Hon'ble High Court, Madras and the Hon'ble High Court, after
hearing the parties, vide order dated 23/11/09 was pleased to
set aside the award and consequently, allow the Writ Petition,
thereby reinstating the workmen with full back wages with all
benefits including continuity of service.
As against the said order passed by the Hon'ble High Court in
WP No.14116 of 1996, the Management filed a Writ Appeal in
WA No.2655 of 2010 and the same is pending on the file of the
Hon'ble High Court, Madras.
In the meanwhile, M/s. Moorco (India) Limited which was
engaged in the manufacture of flow meter and metering
systems, in view of the losses, ceased to continue the
manufacture of the flow meter and metering systems and
pursuant to the same, in or about 2002, the workmen employed
at the relevant time departed from the services by receiving
certain sums in full and final settlement of the dues. Thereupon,
the name of the company viz., Moorco (India) Limited underwent
changes and presently is known as Sanmar Matrix Metals
Limited and presently engaged in the manufacture of steel
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
castings for various applications. This fact was also brought to
the notice of the Hon'ble High Court in the form of an additional
affidavit.
Even as these proceedings were pending, in view of the various
developments, both parties through their counsels expressed
their desire to mutually settle the pending litigation. In the
course of the discussions, both parties agreed that the workmen
would be paid lump sum compensation in lieu of relief granted
by the Hon'ble High Court in WP No.14116 of 1996. Both parties
held discussions and arising out of the said discussions, the
parties agreed to enter into a settlement without any reservation
on the following terms:
TERMS OF THE SETTLEMENT
1) Thiru R.Govindarajan agrees that he shall not insist upon the
reliefs so granted by the Hon'ble High Court vide order dated
23/11/09 in WP No.14116 of 1996 and in any case, treat the
same as having given up by Thiru R.Govindarajan. In other
words, Thiru R.Govindarajan agrees that his cessation of
employment on 09/02/93 has become final.
2) The Management and the workman Thiru R.Govindarajan
agree that in lieu of the reliefs that have since been given up by
Thiru R.Govindarajan as ordered by the Hon'ble High Court in
WP No.14116 of 1996, the workman would be paid a lump sum
compensation of Rs.8,00,000/- (Rupees Eight Lakhs Only) and
which is received by the workman without any reservation and
being paid in the following manner:-
a) Cheque No.258622 dated 08.03.2022 drawn on
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
IndusInd Bank Limited for Rs.4,00,000/-; and
b) Cheque No.258623 dated 08.03.2022 drawn on
IndusInd Bank Limited for Rs.4,00,000/
In all totaling Rupees Eight Lakhs.
3) The workman Thiru R.Govindarajan agrees that the aforesaid
sum of Rs.8,00,000/- shall include, among other things, unpaid
salary dues, leave salary, bonus, if any, any entitlement to sums
representing wages under Section 17B, etc., and inclusive of
gratuity calculated till the date of the cessation of employment
till 09/02/93. It is specifically agreed that the monetary sums so
paid under this settlement shall not be treated as a precedent
and none others are entitled to claim any benefit based on the
monetary sums so paid under this settlement.
4) Both parties agree that as this lump sum compensation so
payable under this settlement is in lieu of various reliefs so
granted by the Hon'ble High Court in WP No.14116 of 1996, the
workman is entitled to claim appropriate relief under Section 89
of the Income Tax Act by treating this lump sum compensation
as being spread over for the period from 1993 till date of the
settlement.
5) Thiru R.Govindarajan further agrees that in view of this
settlement and pursuant to the cessation of his employment on
09/02/93 having become final and the various reliefs so granted
by the Hon'ble High Court vide order dated 23/11/09 in WP
No.14116 of 1996 having given up by the workman, Thiru
R.Govindarajan, is not entitled to any other payments or further
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
amounts pursuant to the order dated 23/11/09 of the Hon'ble
High Court in WP No.14116 of 1996. In other words, both parties
agree that the monetary benefits so paid to the workman under
this settlement is in substitution to the various reliefs that has
been granted by the Hon'ble High Court in W.P.No. 14116 of
1996. Consequently, it is specifically agreed that the workman
is not entitled to claim any back wages, reinstatement or other
attendant benefits from the date of cessation of his employment
on 09/02/93.
6) Thiru R.Govindarajan agrees that the payments so made
under this settlement is in full and final settlement of all his
claims against the Management, viz, Sanmar Matrix Metals
Limited (Formerly Moorco (India) Limited) and pursuant to this
settlement he has no claim of any kind against the Management,
whether monetary or otherwise including any claim for re-
employment, reinstatement of recruitment or the like and as
such, he shall have no right to raise any dispute either singly or
jointly with another or others on the same.
7) The parties further agree that as all the disputes between the
Management and the workman have been fully and finally
settled by virtue of this settlement, both parties agree to place
this settlement on record before the Hon'ble High Court in WA
No.2655 of 2010 and request the Hon'ble High Court to pass
suitable orders in the Writ Appeal as having been settled out of
court.
Both parties have entered this settlement at Chennai on
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
this the 9th day of March 2022''.
''MEMORANDUM OF SETTLEMENT UNDER SECTION 2(p) READ
WITH SECTION 18(1) OF THE INDUSTRIAL DISPUTES ACT AND
RULE 25(1) OF THE TAMIL NADU INDUSTRIAL DISPUTE RULES,
-----------------------------------------------------------------------
---
Date : 09.03.2022
1) Parties to the Dispute The Management of
Sanmar Matrix Metals Limited
(formerly Moorco (India) Limited)
Viralimalai 621 316
and
Its workman Thiru M. Rajadurai
S/o.Munirathinam
69/1-20, Vivekananda Street,
RMS Colony North,
Edamalaipatti Pudur, Trichy 620 012.
2) Names of the parties
Representing Employer Thiru K.G.Bhushanam
General Manager – Legal
Representing Workmen Thiru M.Rajadurai
(Party-in-person)
3) No. of employees covered
under the settlement One only
4) SHORT RECITAL OF THE CASE:
Thiru M.Rajadurai (PAN Card No.AJHPR5164Q / Aadhar Card
No.7282 6877 8051) (also referred to as "workman") was
employed with M/s. Moorco (India) Limited (presently known as
M/s. Sanmar Matrix Metals Limited) (also referred to as
"Management").
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
While so, over certain alleged misconducts, Thiru M.Rajadurai,
as well as two other workmen viz., R. Govindarajan and P.
Kanagaraj (collectively referred to as "workmen") were
terminated from the services over certain acts of misconducts
vide separate orders dated 09/02/93. As against the same,
Thiru.M.Rajadurai, as well as the two other workmen raised
industrial disputes which came to be taken up on file before the
Hon'ble Labour Court, Trichy. The industrial Dispute raised by
Thiru M.Rajadurai was taken up on file as ID No.25 of 1994 and
the other two disputes were taken up as ID Nos.26 and ID 27 of
1994 respectively. The Labour Court after hearing both parties,
passed a common award dated 11/01/96 dismissing the disputes
raised by the workmen, thereby upholding the termination of the
workmen.
As against the said award of the Labour Court, the workmen
filed a common Writ Petition in WP No.14116 of 1996 before the
Hon'ble High Court, Madras and the Hon'ble High Court, after
hearing the parties, vide order dated 23/11/09 was pleased to
set aside the award and consequently, allow the Writ Petition,
thereby reinstating the workmen with full back wages with all
benefits including continuity of service.
As against the said order passed by the Hon'ble High Court in
WP No.14116 of 1996, the Management filed a Writ Appeal in
WA No.2655 of 2010 and the same is pending on the file of the
Hon'ble High Court, Madras.
In the meanwhile, M/s. Moorco (India) Limited which was
engaged in the manufacture of flow meter and metering
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
systems, in view of the losses, ceased to continue the
manufacture of the flow meter and metering systems and
pursuant to the same, in or about 2002, the workmen employed
at the relevant time departed from the services by receiving
certain sums in full and final settlement of the dues. Thereupon,
the name of the company viz., Moorco (India) Limited underwent
changes and presently is known as Sanmar Matrix Metals
Limited and presently engaged in the manufacture of steel
castings for various applications. This fact was also brought to
the notice of the Hon'ble High Court in the form of an additional
affidavit.
Even as these proceedings were pending, in view of the various
developments, both parties through their counsels expressed
their desire to mutually settle the pending litigation. In the
course of the discussions, both parties agreed that the workmen
would be paid lump sum compensation in lieu of relief granted
by the Hon'ble High Court in WP No.14116 of 1996. Both parties
held discussions and arising out of the said discussions, the
parties agreed to enter into a settlement without any reservation
on the following terms:
TERMS OF THE SETTLEMENT
1) Thiru M.Rajadurai agrees that he shall not insist upon the
reliefs so granted by the Hon'ble High Court vide order dated
23/11/09 in WP No.14116 of 1996 and in any case, treat the
same as having given up by M.Rajadurai. In other words, Thiru
M.Rajadurai agrees that his cessation of employment on
09/02/93 has become final.
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
2) The Management and the workman Thiru M.Rajadurai agree
that in lieu of the reliefs that have since been given up by Thiru
M.Rajadurai as ordered by the Hon'ble High Court in WP
No.14116 of 1996, the workman would be paid a lump sum
compensation of Rs.8,00,000/- (Rupees Eight Lakhs Only) and
which is received by the workman without any reservation and
being paid in the following manner:-
a) Cheque No.258624 dated 08.03.2022 drawn on
IndusInd Bank Limited for Rs.4,00,000/-; and
b) Cheque No.258625 dated 08.03.2022 drawn on
IndusInd Bank Limited for Rs.4,00,000/
In all totaling Rupees Eight Lakhs.
3) The workman Thiru M.Rajadurai agrees that the aforesaid
sum of Rs.8,00,000/- shall include, among other things, unpaid
salary dues, leave salary, bonus, if any, any entitlement to sums
representing wages under Section 17B, etc., and inclusive of
gratuity calculated till the date of the cessation of employment
till 09/02/93. It is specifically agreed that the monetary sums so
paid under this settlement shall not be treated as a precedent
and none others are entitled to claim any benefit based on the
monetary sums so paid under this settlement.
4) Both parties agree that as this lump sum compensation so
payable under this settlement is in lieu of various reliefs so
granted by the Hon'ble High Court in WP No.14116 of 1996, the
workman is entitled to claim appropriate relief under Section 89
of the Income Tax Act by treating this lump sum compensation
as being spread over for the period from 1993 till date of the
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
settlement.
5) Thiru M.Rajadurai further agrees that in view of this
settlement and pursuant to the cessation of his employment on
09/02/93 having become final and the various reliefs so granted
by the Hon'ble High Court vide order dated 23/11/09 in WP
No.14116 of 1996 having given up by the workman,
M.Rajadurai, is not entitled to any other payments or further
amounts pursuant to the order dated 23/11/09 of the Hon'ble
High Court in WP No.14116 of 1996. In other words, both parties
agree that the monetary benefits so paid to the workman under
this settlement is in substitution to the various reliefs that has
been granted by the Hon'ble High Court in W.P.No. 14116 of
1996. Consequently, it is specifically agreed that the workman
is not entitled to claim any back wages, reinstatement or other
attendant benefits from the date of cessation of his employment
on 09/02/93.
6) Thiru M.Rajadurai agrees that the payments so made under
this settlement is in full and final settlement of all his claims
against the Management, viz, Sanmar Matrix Metals Limited
(Formerly Moorco (India) Limited) and pursuant to this
settlement he has no claim of any kind against the Management,
whether monetary or otherwise including any claim for re-
employment, reinstatement of recruitment or the like and as
such, he shall have no right to raise any dispute either singly or
jointly with another or others on the same.
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
7) The parties further agree that as all the disputes between the
Management and the workman have been fully and finally
settled by virtue of this settlement, both parties agree to place
this settlement on record before the Hon'ble High Court in WA
No.2655 of 2010 and request the Hon'ble High Court to pass
suitable orders in the Writ Appeal as having been settled out of
court.
Both parties have entered this settlement at Chennai on
this the 9th day of March 2022.''
''MEMORANDUM OF SETTLEMENT UNDER SECTION 2(p) READ
WITH SECTION 18(1) OF THE INDUSTRIAL DISPUTES ACT AND
RULE 25(1) OF THE TAMIL NADU INDUSTRIAL DISPUTE RULES,
------------------------------------------------------------------------
--
Date : 09.03.2022
1) Parties to the Dispute The Management of
Sanmar Matrix Metals Limited
(formerly Moorco (India) Limited)
Viralimalai 621 316
and
Its workman Thiru P.Kanakaraj
S/o.Periyasamy
1/85 Mekkundinadu Patti, Mekkundi,
Nagamangalam, Srirangam Taluk,
Tamil Nadu 620 012.
2) Names of the parties
Representing Employer Thiru K.G.Bhushanam
General Manager – Legal
Representing Workmen Thiru P.Kanagaraj
(Party-in-person)
3) No. of employees covered
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
under the settlement One only
4) SHORT RECITAL OF THE CASE:
Thiru P. Kanakaraj (PAN Card No.BRWPK8515L / Aadhar Card
No.7609 5833 4987) (also referred to as "workman") was
employed with M/s. Moorco (India) Limited (presently known as
M/s. Sanmar Matrix Metals Limited) (also referred to as
"Management").
While so, over certain alleged misconducts, Thiru P. Kanakaraj,
as well as two other workmen viz., M. Rajadurai and R.
Govindarajan (collectively referred to as "workmen") were
terminated from the services over certain acts of misconducts
vide separate orders dated 09/02/93. As against the same, Thiru
P. Kanakaraj, as well as the two other workmen raised industrial
disputes which came to be taken up on file before the Hon'ble
Labour Court, Trichy. The industrial Dispute raised by Thiru
Kanakaraj was taken up on file as ID No.27 of 1994 and the other
two disputes were taken up as ID Nos.25 and ID 26 of 1994
respectively. The Labour Court after hearing both parties, passed
a common award dated 11/01/96 dismissing the disputes raised
by the workmen, thereby upholding the termination of the
workmen.
As against the said award of the Labour Court, the workmen filed
a common Writ Petition in WP No.14116 of 1996 before the
Hon'ble High Court, Madras and the Hon'ble High Court, after
hearing the parties, vide order dated 23/11/09 was pleased to
set aside the award and consequently, allow the Writ Petition,
thereby reinstating the workmen with full back wages with all
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
benefits including continuity of service.
As against the said order passed by the Hon'ble High Court in WP
No.14116 of 1996, the Management filed a Writ Appeal in WA
No.2655 of 2010 and the same is pending on the file of the
Hon'ble High Court, Madras.
In the meanwhile, M/s. Moorco (India) Limited which was
engaged in the manufacture of flow meter and metering systems,
in view of the losses, ceased to continue the manufacture of the
flow meter and metering systems and pursuant to the same, in
or about 2002, the workmen employed at the relevant time
departed from the services by receiving certain sums in full and
final settlement of the dues. Thereupon, the name of the
company viz., Moorco (India) Limited underwent changes and
presently is known as Sanmar Matrix Metals Limited and
presently engaged in the manufacture of steel castings for
various applications. This fact was also brought to the notice of
the Hon'ble High Court in the form of an additional affidavit.
Even as these proceedings were pending, in view of the various
developments, both parties through their counsels expressed
their desire to mutually settle the pending litigation. In the
course of the discussions, both parties agreed that the workmen
would be paid lump sum compensation in lieu of relief granted by
the Hon'ble High Court in WP No.14116 of 1996. Both parties
held discussions and arising out of the said discussions, the
parties agreed to enter into a settlement without any reservation
on the following terms:
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
TERMS OF THE SETTLEMENT
1) Thiru P. Kanakaraj agrees that he shall not insist upon the
reliefs so granted by the Hon'ble High Court vide order dated
23/11/09 in WP No.14116 of 1996 and in any case, treat the
same as having given up by Thiru P. Kanakaraj. In other words,
Thiru P. Kanagaraj agrees that his cessation of employment on
09/02/93 has become final.
2) The Management and the workman Thiru P. Kanakaraj agree
that in lieu of the reliefs that have since been given up by Thiru
P. Kanakaraj as ordered by the Hon'ble High Court in WP
No.14116 of 1996, the workman would be paid a lump sum
compensation of Rs.8,00,000/- (Rupees Eight Lakhs Only) and
which is received by the workman without any reservation and
being paid in the following manner:-
a) Cheque No.258626 dated 08.03.2022 drawn on IndusInd
Bank Limited for Rs.4,00,000/-; and
b) Cheque No.258627 dated 08.03.2022 drawn on IndusInd
Bank Limited for Rs.4,00,000/
In all totaling Rupees Eight Lakhs.
3) The workman Thiru P. Kanakaraj agrees that the aforesaid
sum of Rs.8,00,000/- shall include, among other things, unpaid
salary dues, leave salary, bonus, if any, any entitlement to sums
representing wages under Section 17B, etc., and inclusive of
gratuity calculated till the date of the cessation of employment
till 09/02/93. It is specifically agreed that the monetary sums so
paid under this settlement shall not be treated as a precedent
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
and none others are entitled to claim any benefit based on the
monetary sums so paid under this settlement.
4) Both parties agree that as this lump sum compensation so
payable under this settlement is in lieu of various reliefs so
granted by the Hon'ble High Court in WP No.14116 of 1996, the
workman is entitled to claim appropriate relief under Section 89
of the Income Tax Act by treating this lump sum compensation
as being spread over for the period from 1993 till date of the
settlement.
5) Thiru P. Kanakaraj further agrees that in view of this
settlement and pursuant to the cessation of his employment on
09/02/93 having become final and the various reliefs so granted
by the Hon'ble High Court vide order dated 23/11/09 in WP
No.14116 of 1996 having given up by the workman, Thiru P.
Kanakaraj, is not entitled to any other payments or further
amounts pursuant to the order dated 23/11/09 of the Hon'ble
High Court in WP No.14116 of 1996. In other words, both parties
agree that the monetary benefits so paid to the workman under
this settlement is in substitution to the various reliefs that has
been granted by the Hon'ble High Court in W.P.No. 14116 of
1996. Consequently, it is specifically agreed that the workman is
not entitled to claim any back wages, reinstatement or other
attendant benefits from the date of cessation of his employment
on 09/02/93.
6) Thiru P. Kanakaraj agrees that the payments so made under
this settlement is in full and final settlement of all his claims
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
against the Management, viz, Sanmar Matrix Metals Limited
(Formerly Moorco (India) Limited) and pursuant to this
settlement he has no claim of any kind against the Management,
whether monetary or otherwise including any claim for re-
employment, reinstatement of recruitment or the like and as
such, he shall have no right to raise any dispute either singly or
jointly with another or others on the same.
7) The parties further agree that as all the disputes between the
Management and the workman have been fully and finally settled
by virtue of this settlement, both parties agree to place this
settlement on record before the Hon'ble High Court in WA
No.2655 of 2010 and request the Hon'ble High Court to pass
suitable orders in the Writ Appeal as having been settled out of
court.
Both parties have entered this settlement at Chennai on this the
9th day of March 2022.''
4. Placing on record the above three Memorandum of
Settlements, the present Writ Appeal is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed. Needless
to mention that the said Memorandum of Settlements shall form part
of the order.
(T.R.J.,) (S.S.K.J.,)
10.03.2022
https://www.mhc.tn.gov.in/judis
W.A.No.2655 of 2010
Note : Issue on 04.07.2022
tsi
T.RAJA,J.
AND
SATHI KUMAR SUKUMARA KURUP, J.
tsi
W.A.No.2655 of 2010
10.03.2022
https://www.mhc.tn.gov.in/judis
