The High Court disposed of a writ petition seeking quashing of a labour authority order upon the parties reaching a post-filing compromise. The order directed reinstatement and enforcement of the settlement terms.
Disposed of the Writ Petition in terms of the Joint Compromise Memo; directed petitioner to reinstate the respondent within three weeks.
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.
W.P.No.27123 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2023
CORAM:
THE HONOURABLE Dr. JUSTICE D. NAGARJUN
Writ Petition.No.27123 of 2015 and M.P.No.1 of 2015
The Management State Express Transport Corporation Ltd., Pallavan Salai,Chennai-2. Rep., by its Managing Director. ... Petitioner
Vs.
1.A.Chakrauthan
2.The Special Deputy Commissioner of Labour, DMS Compund, Chennai-600 006.
...Respondents
Prayer: Writ Petition is filed under Article 226 of he Constitution of India, seeking to issue a Writ of Certiorari to call for the records of the 2nd respondent made in A.P.No.15/2011 on 27.03.2014 and quash the same.
For Petitioner : M/s.K.Kathiresan For Respondents : Mr.V.Ajaykhose for R1
: Mr.R.V.Dhineshrajkumar, Additional Government Pleader for R2
ORDER
This Writ Petition is filed for quashing of the order dated 27.03.2014
in A.P.No.15/2011 passed by the second respondent.
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Compromise Memo dated 26.07.2023 stating that the dispute between petitioner and the first respondents has been settled amicably, outside the Court. They have submitted that the Writ Petition may be disposed of as per the terms of Joint Compromise Memo. Accordingly, the Joint Compromise Memo filed by the petitioner and first respondent dated 26.07.2023, is taken on file.
“t he Writ Petitioner Management and the 1st Respondent workman have held negotiation on various dates and finally on 10.06.2023 and arrived at an amicable settlement in the following TERMS:
A. The Writ Petitioner Management agrees to reinstate the 1st Respondent with continuity of service and with notional fixation of pay from the date of his dismissal to the date of his reinstatement by granting the wage revision benefits as per the intervening wage revision settlements and by granting him annual increments, but without any review benefits.
B. The 15 Respondent/workman agrees to forgo the entire difference in wages from the date of dismissal to
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the date of his reinstatement except the 17-B wages which he has already received and except the 17-B wages to be paid to him for the period from April, 2020 to November, 2022.
C. The Writ Petitioner Corporation agrees to take the entire period of non employment from the date of dismissal of the 1st Respondent to the date of his reinstatement as qualifying service for pension and gratuity.
D. The Writ Petitioner Corporation agrees to remit the employer Contribution of PF for the period of nonemployment and also agrees to pay the arrears of 17-B wages for the period from April, 2020 to November, 2022.
E. The 1st Respondent agrees to pay the employees contribution for the above period of non-employment and also agrees to adjust the said amount from out of the 17-B wages arrears payable to him for the above period and to get the balance amount after such adjustment.
F. The 1st Respondent declares that he will not claim back wages or any other benefits other than the benefits which are mutually agreed to be paid and received between the parties under this settlement.
G. Both parties agree to place this settlement before the Hon'ble High Court and to pray the Hon'ble High Court
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to dispose of the above Writ Petition in terms of this joint memo of compromise.”
Dr.D. NAGARJUN, J.
jai
Joint Memo of Compromise, directing the petitioner/Management to reinstate the first respondent/ worker as quickly as possible, not later than three weeks from the date of receipt of copy of this order. The Joint Memo of Compromise shall form part of the order. Consequently, connected Miscellaneous Petition is closed. No costs.
19.12.2023
jai Index:Yes/No Speaking Order: Yes/No Neutral Citation:Yes/No
To
WP.No.27123 of 2015
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1 issue framed by the court
Whether the Writ Petition seeking quashing of the order can be disposed of upon a post-filing compromise regarding reinstatement and wages.
1 provisions across 1 enactments
The Management State Express Transport Corporation Ltd.
A.Chakrauthan
The Special Deputy Commissioner of Labour
D. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
