Madras High Court
Madras Fertilizers Ltd vs N.Thulasidasan on 31 March, 2022
W.A.No.2197 of 2021 and CMP.No.13912 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
AND
THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
Writ Appeal No.2197 of 2021
and
CMP. No. 13912 of 2021
1. Madras Fertilizers Ltd.,
Rep.by its Chairman & Managing Director,
Manali, Chennai - 600 068.
2. The General Manger - HR and M&D,
Madras Fertilizers Ltd.,
Manali, Chennai - 600 068.
.. Appellants
Versus
N.Thulasidasan .. Respondent
Writ Appeal filed under Clause 15 of the Letter Patents Act against the
Order dated 18.02.2021 passed in W.P.No.8915 of 2010.
For Appellants : Mr.Kalyankumar
for M/s.Aiyar and Dolia
For Respondent : Mr.K.M.Ramesh
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W.A.No.2197 of 2021 and CMP.No.13912 of 2021
JUDGMENT
(Judgment of the court was delivered by R. MAHADEVAN, J.)
According to the appellants, on 11.09.2009, the respondent was assaulted
by his co-employees during working hours, while he was in service and was
taking treatment from 11.09.2009 to 04.11.2009. Since the appellant
Management did not grant medical benefits and leave with pay and allowances as
per their policy, by treating the assault of the respondent as 'industrial accident',
the respondent filed a writ petition bearing No.8915 of 2010. By order dated
18.02.2021, the said writ petition was disposed of in the following terms:
“39. In view of the aforesaid discussion, this Court is inclined
to dispose of this writ petition with the following orders.
That there shall be a direction to the respondent
Management to treat the period of absence of the petitioner
from 11.09.2009 to 04.11.2009 as duty period because of
industrial accident taken place on 11.09.2009 within the
provisions of policy 29 and the consequential benefits such as
leave with pay and allowances for the entire treatment period
of 55 days shall be extended and be paid to the petitioner. The
needful, as indicated above, shall be undertaken by the
respondent Management within a period of eight weeks from
the date of receipt of a copy of this order.”
Aggrieved over the aforesaid order, the appellants have come up with this writ
appeal.
2. Today, when the matter was taken up for consideration, the learned
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W.A.No.2197 of 2021 and CMP.No.13912 of 2021
counsel appearing for the respondent submitted that the matter has been settled
between the parties. In support of the same, he has also filed a memo dated
24.03.2022 signed by the respondent, the relevant paragraphs of which are
profitably extracted below:
“5.During the pendency of the above Writ Appeal, the
Respondent herein and his co-employees who assaulted him
arrived at a compromise and the Respondent has been
compensated for the loss suffered by him. In view of the same, the
Respondent herein do not want to claim any benefit viz., salary
and other benefits from the Appellant Management.
In view of the above, the Respondent herein prays that this
Hon'ble Court may be pleased to dispose of the above appeal
recording the fact that the Respondent herein is not claiming
salary and other benefits from the Appellant Management as has
been ordered in W.P.No.8915 of 2010 and thus render justice.”
3. The factum of compromise as projected by the respondent has been
conceded by the learned counsel for the Appellants.
4. In view of the subsequent development as stated above, this writ appeal
stands disposed of in terms of the compromise entered into between the parties.
The memo dated 24.03.2022 filed by the respondent shall form part of this order.
No costs. Consequently, connected Miscellaneous Petition is closed.
[R.M.D., J.] [J.S.N.P., J.]
av 31.03.2022
Index : Yes / No
https://www.mhc.tn.gov.in/judis
W.A.No.2197 of 2021 and CMP.No.13912 of 2021
R. MAHADEVAN, J.
AND
J. SATHYA NARAYANA PRASAD, J.
av
To
1. The Chairman & Managing Director,
Madras Fertilizers Ltd.,
Manali, Chennai - 600 068.
2. The General Manger - HR and M&D,
Madras Fertilizers Ltd.,
Manali, Chennai - 600 068.
Writ Appeal No.2197 of 2021
and
CMP. No.13912 of 2021
31.03.2022
https://www.mhc.tn.gov.in/judis
