Disposed

Shell India Markets Pvt. Ltd., v. The Appellate Authority

Madras HC7 Mar 2016WP/10589/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition under Article 226 challenging an order of the Appellate Authority under the Tamil Nadu Shops & Establishments Act. The matter was settled via mediation on 03.03.2016, resulting in the cessation of proceedings.

What did the court decide?

The impugned proceedings passed by the first respondent were set aside in accordance with the settlement. Parties were directed to contribute to the Mediation and Conciliation Centre.

Shell India Markets Pvt. Ltd., Vs The Appellate… — Service and Employment | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :: 07-03-2016

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CORAM

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

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W.P.No.10589 OF 2015

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Shell India Markets Private Limited, Shell Business Service Centre-Chennai, rep.by its HR Account Manager-MI P&A, 2^nd Floor, Campus 4A, RMZ Millenia Business Park, 143, Dr.M.G.R.Road, Perungudi, Chennai-600 096. ...

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... Petitioner -vs-

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1.The Appellate Authority appointed under the Tamilnadu Shops & Establishments Act,1947,

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and Deputy Commissioner of Labour, (Minimum Wages), Chennai-6.

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2.Kugan Paramasivam ... Respondents

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Petition under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, to call for the records of the first respondent-The Appellate Authority appointed under the Tamilnadu Shops & Establishments Act,1947, and Deputy Commissioner of Labour, (Minimum Wages), Chennai-6, culminating in the order passed in TNSE Appeal No.II/6/2012, dated 09.02.2015, received on 23.02.2015, and quash the same.

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For petitioner : Mr.C.Mohan, for M/s.King & Partridge No appearance for R1 For respondent 2 : Mr.Balan Haridass.

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Parties were referred for Mediation. Mediation has been successful. Memorandum of Settlement, dated 03.03.2016, has been entered into. For better appreciation, the contents of the said Memorandum of Settlement are extracted hereunder :

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https://hcservices.ecourts.gov.in/hcservices/

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(For maintaining confidentiality, the contents of the Memorandum of Settlement are omitted, for hosting on website)

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Mr.G.Ragland Thomas, HR Manager, and Mrs.Priya Ramachandran, HR Accounts Manager, of the petitioner company are present in this Court today.

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As agreed to in Clause 6 of the Memorandum of Settlement entered into between the parties, the impugned proceedings passed by the first respondent herein are set aside.

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This Court put a suggestion to the learned counsel for the petitioner as well as the learned counsel for second respondent to make some contribution for Mediation and Conciliation Centre, attached to this Court, for which, the learned counsel have readily agreed with the consent of parties present in court. Accordingly, the petitioner management is directed to pay to the Mediation and Conciliation Centre, attached to this Court, a sum of Rs.50,000/- and the second respondent a sum of Rs.25,000/-. A pay order, bearing No.212965, dated 26.02.2016, drawn in favour of the second respondent/employee, for a sum of Rs.35,00,000/- has been handed over by the petitioner and received by the second respondent, in the Court. The parties shall abide by the terms of Memorandum of Settlement and any breach thereof would leave open for the parties to take appropriate action in accordance with law.

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Writ Petition is disposed of accordingly. No costs. Consequently, the connected M.P.No.1 of 2015 is closed.

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Sd/Assistant Registrar(CS-IV)

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//True Copy//

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Sub Assistant Registrar

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dixit

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The Appellate Authority appointed under the Tamilnadu Shops & Establishments Act,1947, https://hcservices.ecourts.gov.in/hcservices/ and Deputy Commissioner of Labour,

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(Minimum Wages), Chennai-6.

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Copy to: The Secretary, Tamilnadu Mediation and conciliation Centre, High Court, Madras.

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+1 cc to M/s.King and Partridge, Advocate, sr.14623 +1 cc to Mr.Balan Haridas, Advocate, sr.14813

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W.P.No.10589 OF 2015 ug co kra 29.03.2016

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https://hcservices.ecourts.gov.in/hcservices/

Shell India Markets Pvt. Ltd., v. The Appellate Authority

Case brief

What is this about?

What did the court decide?

Shell India Markets Pvt. Ltd., v. The Appellate Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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