The Management vs The Presiding Officer
2023 Latest Caselaw 2001 Mad

                                                                1/4                         W.A.No.393/2023


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED :: 07-03-2023

                                                               CORAM

                                    THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                                AND

                                     THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                                     W.A.No.393 of 2023

            The Management,
            Tamil Nadu State Transport Corporation,
            (Villupuram) Ltd.,
            Villupuram – 605 602.              ...                         Appellant

                                                         -vs-

            1.The Presiding Officer,
              Labour Court,
              Cuddalore.

            2.Thiru V.Venkatesan                         ...               Respondents



                                  Appeal is filed under under Clause 15 of the Letters Patent against the
            order, dated 01.04.2022, passed in W.P.No.2038 of 2012, on the file of this Court.


                                  For Appellant : Mr.M.Aswin

                                  For Respondent 2 : Mr.R.Muralidharan




https://www.mhc.tn.gov.in/judis
                                                                 2/4                              W.A.No.393/2023


                                                           JUDGMENT

The appellant-management and the second respondent-employee have filed

an Affidavit, dated 25.02.2023, and a Memo, dated 18.02.2023, respectively. Though

the second respondent-employee has initially pleaded that interest should be paid on the

amount due to be paid to him by the appellant-management, he appeared before this

Court today through video conferencing and submitted that he would not insist on the

interest payable, provided the appellant-management agrees to stick on to the time limit

prescribed in Paragraph No.7 of its Affidavit, dated 25.02.2023. Paragraph No.7 of the

Affidavit of the appellant, sworn to by its General Manager, reads as under :

''7. I further state that to put an end to the issue, our Management have decided to provide 50% back wages to the 2nd respondent herein after deducting the 17B wages already paid to the 2nd respondent and ready to settle the entire eligible terminal benefits within 6 months.''

2. Taking note of the fact that the parties have entered into a settlement and

that interest need not be paid as demanded by the employee earlier, provided the entire

terminal benefits, as agreed to by the appellant management, are extended to the second

respondent-employee within a period of six months from the date of receipt or

production of a copy of this order, this Writ Appeal is disposed of. If the amount is not

paid as above, it would fetch interest at 6% per annum from today. No costs.

Consequently, the connected C.M.P.No.3760 of 2023 is closed.

https://www.mhc.tn.gov.in/judis 3/4 W.A.No.393/2023

3. The appellant-management is to remit their share of Provident Fund

contribution with Trust within the time stipulated supra without interest and the second

respondent-employee's share shall be adjusted from the 50% back wages, to be paid to

the employee, in terms of Paragraph No.7 of the Affidavit of the appellant-management,

as above.

            Index : Yes/No                                                  (S.V.N.,J.)     (R.K.M.,J.)
            Internet : Yes/No                                                      07-03-2023
            Speaking / Non-speaking Order
            dixit



            To

            The Presiding Officer,
            Labour Court,
            Cuddalore.




https://www.mhc.tn.gov.in/judis
                                  4/4                           W.A.No.393/2023




                                        S.VAIDYANATHAN,J.
                                        AND
                                        R.KALAIMATHI,J.



                                                                         dixit




                                           W.A.No.393 of 2023




                                                07-03-2023




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