The Management vs The Deputy Commissioner Of Labour
2023 Latest Caselaw 12844 Mad

                                                                        W.A.(MD)No.1058 of 2015

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 20.09.2023

                                                   CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.A.(MD)No.1058 of 2015
                                                     and
                                             M.P.(MD)No.1 of 2015

                     The Management,
                     Kalkulam Vilavancode Taluk Agricultural Producers
                              Co-operative Marketing Society No.Y285,
                     Marthandam,
                     Kanyakumari District
                     Represented by its
                     Special Officer / Managing Director.           ...Appellant

                                                      /Vs./

                     1.The Deputy Commissioner of Labour,
                       (Appellate Authority under the Tamil Nadu
                        Shops and Establishments Act, 1947),
                       Tirunelveli.

                     2.V.Gopinathan Nair.                            ...Respondents

                     PRAYER:- Writ Appeal - filed under Clause XV of Letters Patent Act, to
                     allow this writ appeal and set aside the order passed dated 20.11.2013
                     passed in W.P.(MD)No.18591 of 2013 on the file of this Court.

                     1/4



https://www.mhc.tn.gov.in/judis
                                                                              W.A.(MD)No.1058 of 2015




                                  For Appellant       : Mr.N.Dilip Kumar
                                  For Respondents     : Mr.T.Amjad Khan (R1)
                                                       Government Advocate
                                                       No appearance (R2)


                                                      JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.)

Read this order in conjunction and in continuation of order

dated 28.08.2023 that reads as follows:-

“In light of the unconditional interim stay that has been obtained by the Management of the Agricultural Producers Cooperative Marketing Society No.Y285, Marthandam, the writ petitioner has been persuaded to approach the authority under the Industrial Disputes Act by way of petition under Section 33(C)(2) thereof. Thereafter, there appears to have been a settlement entered qua the parties pursuant to which the writ petitioner has accepted a sum of Rs.4 lakhs as full and final settlement with regard to his original claim.

2.Copy of the receipt is produced and also supplied to the learned counsel for the writ petitioner to enable him to obtain instructions.

3.List on 20.09.2023 as a last chance under the caption 'for recording settlement'.”

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1058 of 2015

2. The settlement memo duly executed by the writ petitioner

on 22.03.2016 in E.P.No.32 of 2015 in C.P.No.27 of 2014 is extracted

below:-

“bjhHpyhsh; ePjpkd;wk;> jpUbey;ntyp E.P.No. 32/2015 in C.P.No.27/2014 22.03.2016 k; njjpapy; ePjpkd;w cj;jutpd; go tHf;F vjph;kDjhuuhfpa jq;fsplkpUe;J of;hp bjhifapy; buhf;fkhf U:.400000/- 15.4.2016 njjp fhnrhiy vz;: 007456 ,d; K:yk; U:.400000/-

bgw;Wf;bfhz;L> kPjp U:ghia ehd; iftpl rk;kjpj;jjd;

ngupy; KG of;hp bjhifa[k; bry;yhfptpl;lJ.”

3. Recording the statement, and as nothing further survives in

this writ appeal, this Writ Appeal is closed. No costs. Consequently,

connected Miscellaneous Petition is closed.

                                                                [A.S.M.J.,] & [R.V.J.,]
                                                                      20.09.2023
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes

                     To:

1.The Deputy Commissioner of Labour, (Appellate Authority under the Tamil Nadu Shops and Establishments Act, 1947), Tirunelveli.

https://www.mhc.tn.gov.in/judis W.A.(MD)No.1058 of 2015

DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

sm

Judgment made in W.A.(MD)No.1058 of 2015

Dated:

20.09.2023

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