Madras High Court
The Management Of Vivekananda ... vs The Deputy Commissioner Of Labour on 11 October, 2023
W.A.(MD)Nos.684 & 685 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)Nos.684 & 685 of 2014
and
M.P.(MD)Nos.1 & 1 of 2014
The Management of Vivekananda Kendra
Rural Development Programme,
Vivekanandapuram, Kanyakumari. ... Appellant in both W.As.
Vs.
1.The Deputy Commissioner of Labour,
(Appellate Authority under the Tamil Nadu
Shops and Establishments Act),
Tirunelveli. ... 1st Respondent in both W.As.
2.T.Baskaran ... 2nd Respondent
in W.A.(MD)No.684 of 2014
2.P.Paulsamy ... 2nd Respondent
in W.A.(MD)No.685 of 2014
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https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.684 & 685 of 2014
COMMON PRAYER: Writ Appeals filed under Clause 15 of Letters Patent Act,
to set aside the orders passed in W.P.(MD)Nos.8738 & 8739 of 2006, dated
06.03.2013 on the file of this Court.
For Appellants : Mr.V.O.S.Kalaiselvam
For R1 : Mr.C.Kameswaran,
Government Advocate
For R2 : Mr.R.Sundar
(in both W.As.)
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The orders dated 06.03.2013 passed in W.P.(MD)Nos.8738 & 8739 of
2006 are under challenge in the present Writ Appeals.
2.The learned Single Judge set aside the award passed in T.N.S.E.Nos.06
of 2003 & 1 of 2002 respectively on 07.07.2006 and remanded the matter back to
the Deputy Commissioner of Labour, (Appellate Authority under the Tamil Nadu
Shops and Establishments Act), Tirunelveli, to consider the issues afresh by
following the decision of the Hon'ble Supreme Court and taking into observations
made in the orders, which are under challenge in the present Writ Appeals.
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W.A.(MD)Nos.684 & 685 of 2014
3.The learned counsel appearing for the 2nd respondent in both Writ
Appeals has made a submission that on account of efflux of time, the 2 nd
respondent in both the appeals / employees attained the age of superannuation and
retired from service.
4.The learned counsel appearing for the appellant in both the appeals
contended that the management has no objection for settling terminal and
retirement benefits due to the employees.
5.Since there is a consensus in settling terminal benefits, no further
adjudication is required in respect of the issues raised in the appeals. Accordingly,
the appellant Management is directed to settle the terminal and retirement benefits
due to the 2nd respondent in both the appeals / employees within a period of eight
weeks from the date of receipt of a copy of this order. Regarding the settlement of
Provident Fund, the 2nd respondent in both the appeals / employees shall
co-operate for submission of application and to process the same before the
competent authority under the Employees' Provident Fund Act, 1952.
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W.A.(MD)Nos.684 & 685 of 2014
6.With the above observations, these Writ Appeals are disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S., J.) & (V.L.N., J.)
11.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
The Deputy Commissioner of Labour,
(Appellate Authority under the Tamil Nadu
Shops and Establishments Act),
Tirunelveli.
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https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.684 & 685 of 2014
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)Nos.684 & 685 of 2014
11.10.2023
https://www.mhc.tn.gov.in/judis
