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The Writ Petition was disposed of upon recording the Joint Memo of Settlement where the parties agreed to settle back wage claims for Rs. 60,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved onPronounced on
31.07.202116.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.16635 of 2004
The Management of ABT parcel service,
101 Mount Road,
Guindy, Chennai 600 032.
represented by its General Manager-Personnel.
.... Petitioner
vs.
1. The Presiding Officer,
I Additional Labour Court,
Chennai.
2. K. Jalendran.... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution
of India, praying for issuance of a Writ of Certiorari to call
for the records of the 1st Respondent in I.D.No.554 of 1994 dated
23.12.2003 and quash the same.
ORDER
This Writ Petition has been filed, challenging the Award
of the 1st Respondent dated 23.12.2003, passed in I.D.No.554 of
1994, by which, the Employee / 2nd Respondent was directed to be
reinstated with continuity of service, full back wages and al
other attendant benefits.
2. This Court, after hearing the submissions on either
side in extenso, has reserved the case for judgment, on
31.07.2021 and after conclusion of their arguments on the said
date, learned counsel for the parties also stated that settlement
talks are going on between the Management and the Workman.
3. Now, learned counsel on either side has produced a
Joint Memo dated 15.09.2021 on behalf of parties, stating the
Parties have arrived at a Settlement under Section 18(1) of the
Industrial Disputes Act, 1947 and recording the said Settlement,
the Writ Petition may be disposed of. The terms of the 18(1)
Settlement are extracted hereunder:
“MEMORANDAM OF SETTLEMENT ARRIVED UNDER SECTION 18(1)
OF
THE INDUSTRIAL DISPUTES ACT, 1947
Parties to the Settlement: The Management of - ABT Parcel
Service Coimbatore
AND
K Jalendran
Representing Employer : Saravanabavanandan S.A, S/o.Mr.R.A.Angannan Chief Human Resources Officer, ABT Parcel Service, 180, Race Course Road, Coimbatore – 641 018Representing Workman: K.Jalendran
14 Third Street,
Mosque Colony,
Maduvankarai,
Guindy, Chennai-600 032.
Number and broad description: 1 Workman (one workman only)
of workman covered by
the settlement
Short Recital
Workman K.Jalendran was proceeded with by way
of Disciplinary Action for certain acts of misconduct
which was proved in the enquiry held for the purpose.
On 28.12.1993 he was dismissed. He raised ID No 554 of
1994 in Labour Court, Chennai claiming relief of
reinstatement. By its award dated 23.12.2003, the
Labour Court, set aside the order of dismissal and
directed his reinstatement with full back wages. On
09.09.2004, the Workman was reinstated. On 17.05.2020,
he reached the age of superannuation. The Management
challenged the award of the Labour Court in so far as
it relates to back wages. The Writ Petition was
admitted on 18.06.2004. Subsequently, the workmen
worked till the date of his superannuation. As regards
the relief of back wages, both parties felt that
consensus could be arrived as so as to put an end to
the litigation. The Management agreed to pay a lumpsum
amount of Rs.60,000/- And the workman also agreed to
receive the said amount towards the relief of back
wages. On the aforesaid understanding, the settlement
was arrived at on the following terms :
1. Workman Thiru K.Jalendran was reinstated pursuant to the award of the Labour Court dated 23.12.2003 in ID No 554/94 and after reinstatement, he served till the age of superannuation and also received all his terminal benefits.
2. Regarding the relief of back wages which was also challenged in the Writ Petition, it is agreed between the parties that an adhoc amount of Rs.60,000/- shall be paid to the workman in full and final settlement of all his claims against the Management.
3. The Petitioner is not pressing for any relief in terms of the award dated 23.12.2003 in ID No 554/94.
4. It is further agreed by both the parties that a copy of this Settlement would be filed before the Hon’ble High Court in W.P. No.16635 of 2004 and pray for an order in terms of the settlement.
5. With this Settlement, neither party shall have any other claim against the other.
Dated at Chennai on this 19th day of August 2021.Representing the Management Representing the Workman”
4. In view of the above submissions and recording the
Joint Memo of Settlement dated 15.09.2021, this Writ Petition is
disposed of. The Joint Memo of Settlement dated 15.09.2021 shall
form part of this order. No costs.
Enclosed Xerox Copy of Joint Compromise Memo
Sd/-
Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
arr/ar
To:
The Presiding Officer,
I Additional Labour Court,
Chennai.
+1cc to M/s.T.S.Gopalan & Co., Advocate, S.R.No.47380
+1cc to M/s.K.Elango, Advocate, S.R.No.47418
W.P.No.16635 of 2004
NR(CO)
SB(27/10/2021)
2 issues framed by the court
Whether the Writ Petition challenging the Labour Court award directed for reinstatement with back wages should be dismissed upon the parties arriving at a settlement.
Whether the High Court should dispose of the pending litigation by recording the settlement agreement on back wages reached between the employer and the employee.
2 provisions across 2 enactments
The Management of ABT Parcel service
The Presiding Officer, I Additional Labour Court, Chennai
K. Jalendran
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court