An appeal against a writ order was disposed by recording an amicable settlement agreement reached through mediation between the Management and the employee regarding reinstatement without back wages.
Writ Appeal disposed of upon recording of Settlement Agreement forming part of the decree.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A(MD)NO.1851 OF 2021 and C.M.P(MD)No.8067 of 2021
The Management,
Tamil Nadu State Transport Corporation (Madurai Division) Limited, By-Pass Road, Madurai. :Appellant/Petitioner
1.The Presiding Officer, Labour Court, Madurai. :Ist Respondent/Ist Respondent
2.S.Muthuraja :2nd Respondent/2nd Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.10280 of 2013, dated 04.11.2019
Prayer in WP(MD). 10280/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ or order particularly in the nature of Writ of Certiorari calling for the records in I.D.No.8 of 2011 dated 30.04.2012 on the file of the 1st respondent and quash the same.
For Appellant :Mr.J.Senthil Kumariah For Respondent-2 :Mr.A.Rajaram
This Writ Appeal is directed against the order of this Court made in W.P(MD)No.10280 of 2013, dated 04.11.2019.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The matter was originally referred to the Tamil Nadu Mediation and Conciliation Centre of this Court, for reaching an amicable settlement between the parties. The Mediation seems to be https://hcservices.ecourts.gov.in/hcservices/ successful and a Settlement Agreement was arrived at between the
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parties, which was reduced into writing by way of a Settlement Agreement, dated 15.12.2021. Both the parties have agreed to the terms of the Settlement Agreement and accordingly, both the parties as well as their respective counsels have duly signed in the Settlement Agreement and the terms of the Settlement Agreement reads as under:
''1.Disputes and differences had arisen between the parties hereto and W.A.No.1851 of 2021 was filed on 02.09.2021 before the Honourable Division Bench.
2.The matter was referred to Mediation/Conciliation vide an order dated 27.09.2021 passed by the Honourable Chief Justice and the Honourable Mr.Justice M.Duraisamy.
3.The parties agreed that Mr.J.Alaguram Jothi would act as their Mediator/Conciliator.
4.Several meetings were held during the process of Mediation/Conciliation from 21.10.2021 to 25.12.2021 and the parties have with the assistance of the Mediator/Conciliator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.
5.The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator.
6.The following settlement has been arrived at between the Parties hereto:-
1.In the meeting held on 29.10.2021, the second respondent has given a written representation to reinstate him without back wages without affecting him continuity of service. The employer contribution towards Pension Trust has agreed to be deducted.
2.By a letter dated 8.11.2021, the Assistant Manager(MCOP) was authorized by the Managing Director to represent the matter before the Mediation.
3.According the Assitant Manager had taken the matter to be placed before your Board for approval of the request made by the second respondent.
4.On 10.12.2021, the Assistant Manager has proved the board Resolution No.126, dated 17.11.2021 accepting the above offer and whereby agreeing to reinstate the second respondent https://hcservices.ecourts.gov.in/hcservices/
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without backwages with continuity of service excluding the period from 22.02.2003 to 04.04.2008. The Management is agreeable to implement the Board Resolution which is attached herewith.
7.By signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to I.D.No.8/2011(Case No.) and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation.''
The learned counsels appearing on either side have agreed for recording the above Settlement Agreement entered between the parties. The said Setltement Agreement is recorded.
4.In view of the above, the Writ Appeal stands disposed of in terms of the Settlement Agreement. The Settlement Agreement shall form part and parcel of the decree.No costs.Consequently connected Miscellaneous Petition is closed.
vsn
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To
The Presiding Officer, Labour Court,Madurai.
+1 CC to M/s.A.RAJARAM, Advocate ( SR-228[F] dated 04/01/2022 )
NSN(CO)
KB(12.01.2022) 3P 3C
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The Management, Tamil Nadu State Transport Corporation (Madurai Division) Limited
The Presiding Officer, Labour Court, Madurai
S.Muthuraja
PUSHPA SATHYANARAYANA
P. VELMURUGAN
As recorded by the court registry
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