The Management of Metropolitan v. D.Hari
Case brief
What is this about?
The Court dismissed the appeal, holding that settlements under the Industrial Disputes Act cannot deprive workmen of statutory benefits under the Permanent Status Act. Benefits of a 2005 settlement apply only to employees present before the settlement date, not those hired later. The Court directed the appellant to deposit Provident Fund amounts.
What did the court decide?
Appellant directed to deposit Provident Fund amounts due to employer and employee within four months sans interest; employee contribution to be deducted from arrears.
What the court decided
W.A.No.1224 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.No.1224 of 2023 and C.M.P.No.12387 of 2023
The Management of
Metropolitan Transport Corporation Ltd. Anna Salai Chennai 600 002
Appellant
v
D. Hari
Respondent
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 01.10.2020 made in W.P.No.22039 of 2018.
Issues for consideration
2 issues framed by the court
Whether a settlement entered under the Industrial Disputes Act can deprive a workman of statutory benefits under the Permanent Status Act if the workman joined after the settlement date.
Whether the authority correctly conferred permanent status on a workman who joined after the settlement dated 31.08.2005.
Parties & counsel
- appellant
Metropolitan Transport Corporation Ltd.
- respondent
D. Hari
Coram
S. Vaidyanathan
Case details
As recorded by the court registry
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