The Superintending Engineer vs P.Kala
2023 Latest Caselaw 3983 Mad

                                                                                       W.A.No.2245 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 10.04.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                   AND
                                  THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                                 W.A.No.2245 of 2021
                                                         and
                                                C.M.P.No.14235 of 2021

            The Superintending Engineer,
            Vellore Electricity Distribution Circle,
            Tamil Nadu Electricity Board,
            Gandhi Road, Vellore-632006.                                           .. Appellant

                                                                 -vs-
            P.Kala                                                                 .. Respondent

                        Writ Appeal filed under Clause 15 of the Letters Patent Act, to allow the Writ

            Appeal, set aside the order dated 02.03.2021 in W.P.No.31844 of 2019.



                                       For Appellant      : Mr.Anand Gopalan
                                                            for M/s.T.S.Gopalan & Co

                                       For Respondent     : Mr.J.Saravanavel

                                                           ***




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https://www.mhc.tn.gov.in/judis
                                                                                          W.A.No.2245 of 2021

                                                          JUDGMENT

This Writ Appeal has been preferred by the Appellant challenging the order dated

02.03.2021 made in W.P.No.31844 of 2019, in dismissing the Writ Petition filed by the

Appellant herein.

2. Today, when the matter was taken up for hearing, the learned counsel

appearing for the Appellant produced a Demand Draft bearing No.843729 dated

06.04.2023 for a sum of Rs.33,00,000/- (Rupees Thirty Three Lakhs only), towards full

and final settlement in respect of all the claims of the Respondent herein in

I.D.No.82/1999, including the claim for employment and other statutory benefits and

the said D.D. has been received by the respondent herein without any protest. A

Memorandum of Settlement dated 10.04.2023 filed under Section 18 (1) of the

Industrial Disputes Act, 1947, signed by both the parties, along with a receipt for

payment of a sum of Rs.33,00,000/- (Rupees Thirty Three Lakhs), has also been

produced before this Court, the scanned copy of which is annexed hereunder:

https://www.mhc.tn.gov.in/judis W.A.No.2245 of 2021

https://www.mhc.tn.gov.in/judis W.A.No.2245 of 2021

https://www.mhc.tn.gov.in/judis W.A.No.2245 of 2021

https://www.mhc.tn.gov.in/judis W.A.No.2245 of 2021

https://www.mhc.tn.gov.in/judis W.A.No.2245 of 2021

3. The aforesaid Settlement is recorded. Though there is no clause in the

Settlement Deed with regard to extending family pension payable to the Respondent

herein on account of the demise of her husband late Prakasam, we make it clear that the

Settlement entered into cannot forbear the Respondent herein from claiming family

pension of her husband, which she is lawfully entitled to.

This Writ Appeal is disposed of in terms of the aforesaid Memorandum of

Settlement. No costs. Consequently, connected Miscellaneous Petition is closed.

                                                                          [S.V.N., J.,]     [R.K.M., J]
                                                                                   10.04.2023
            Index: Yes / No
            Internet: Yes / No
            arr





https://www.mhc.tn.gov.in/judis
                                         W.A.No.2245 of 2021

                                  S. VAIDYANATHAN,J.,
                                                 and
                                      R.KALAIMATHI.,J

                                                        arr




                                    W.A.No.2245 of 2021




                                              10.04.2023





https://www.mhc.tn.gov.in/judis