Madras High Court
The Management vs Unknown on 31 July, 2023
W.A. Nos.515 and 539 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2023
CORAM:
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
and
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.A. Nos.515 and 539 of 2022
C.M.P. Nos.11951 and 11955 of 2023
The Management
Swetha Engineering Ltd.
Plot No.123-131, Tass Industrial Estate
Ambattur
Chennai 600 098 Appellant in both appeals
v
N. Sridhar Respondent in W.A.No.515 of 2022
M. Vasu Respondent in W.A.No.539 of 2022
Writ Appeals filed under Clause 15 of the Letters Patent challenging the
order dated 26.11.2021 passed in W.P. Nos.5478 and 5480 of 2020.
For appellant Mr. K. Rangesh
in both appeals for M/s. Jayaraman & Associates
For respondent Mr. K.V. Shanmuganathan
in both appeals
COMMON JUDGMENT
Today, when these two writ appeals were taken up for hearing, both the
Management and the two workmen were present and it was represented that the
workmen and Management have entered into separate settlements under Section
18(1) of the Industrial Disputes Act, 1947. The settlements were also produced
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W.A. Nos.515 and 539 of 2022
before this Court, from which, it could be seen that both the Management and the
workmen have signed therein. The relevant portions from the Settlements read
thus:
W.A. No.515 of 2022:
“TERMS AND CONDITIONS OF THE SETTLEMENT
1 The Management do hereby pays an amount of Rs.5,00,000
(Rupees Five Lakhs only) to Mr. N. Sridhar as a lump sum compensation
that includes all legal dues vide cheque bearing no.660008 dated
18.07.2023 drawn on State Bank of India, SIDCO Industrial Estate,
Ambattur Branch, Chennai 600 050.
2 Mr. N. Sridhar do hereby agrees to receive the above amount
as the full and final settlement from the Management without any demur or
protest.
3 Mr. N. Sridhar do hereby asserts that he receives the above
amount to his fullest satisfaction and further asserts that he has no further
claims whatsoever against the Management.
4 Mr. N. Sridhar do hereby undertake that he will not make any
claims against the Management on the basis of the award passed in I.D.
No.47 of 2016 and shall not make any claims against the Management
towards Gratuity and other legal dues that may be accruing to him.
5 Mr. N. Sridhar, having received the above amount from the
Management to the fullest satisfaction, asserts further he is not willing to
pursue the W.A. No.515/2022 for any further any adjudication.
6 Mr. N. Sridhar he will not raise any dispute whatsoever
against the Management in future either by himself or through any trade
union.”
W.A. No.539 of 2022:
“TERMS AND CONDITIONS OF THE SETTLEMENT
1 The Management do hereby pays an amount of Rs.2,50,000
(Rupees Two Lakhs Fifty Thousand only) to Mr. M. Vasu as a lump sum
compensation that includes all legal dues vide cheque bearing no.660009
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W.A. Nos.515 and 539 of 2022
dated 18.07.2023 drawn on State Bank of India, SIDCO Industrial Estate,
Ambattur Branch, Chennai 600 050.
2 Mr. M. Vasu do hereby agrees to receive the above amount as
the full and final settlement from the Management without any demur or
protest.
3 Mr. M. Vasu do hereby asserts that he receives the above
amount to his fullest satisfaction and further asserts that he has no further
claims whatsoever against the Management.
4 Mr. M. Vasu do hereby undertake that he will not make any
claims against the Management on the basis of the award passed in I.D.
No.48 of 2016 and shall not make any claims against the Management
towards Gratuity and other legal dues that may be accruing to him.
5 Mr. M. Vasu, having received the above amount from the
Management to the fullest satisfaction, asserts further he is not willing to
pursue the W.A. No.539/2022 for any further any adjudication.
6 Mr. M. Vasu he will not raise any dispute whatsoever against
the Management in future either by himself or through any trade union.”
It is open to the workmen to approach this Court in the event of the cheques
issued to them being dishonoured.
2 These writ appeals stand disposed of in the above terms. Connected
C.M.Ps. are closed. No costs.
(S.V.N., J.) (K.R.S., J.)
31.07.2023
cad
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W.A. Nos.515 and 539 of 2022
S. VAIDYANATHAN, J.
and
K. RAJASEKAR, J.
cad
Common order in
W.A. Nos.515 and 539 of 2022
31.07.2023
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