Disposed

The Management v. S.Kamalavel

Madras HC9 Dec 2023WP/30441/2022

Case brief

AI extract

What is this about?

The LSC Chennai Lok Adalat settled a writ petition between the Metropolitan Transport Corporation and a workman. The parties agreed to the workman's reinstatement as a fresh entrant without backwages. The Lok Adalat approved the compromise and disposed of the petition.

What did the court decide?

Reinstatement of the workman as a fresh entrant into service without continuity; waiver of all back wages; disposal of Writ Petition No.30441 of 2022.

The Management Vs S.Kamalavel — Labour and Industrial Disputes | Madras HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 09^th day of December 2023

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NATIONAL LOK ADALAT AWARD

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(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)

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Presided over by

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The Honourable Mr.JUSTICE C.KUMARAPPAN and

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Members : 1.Mr.K.Ramakrishnan, District Judge (Retd.) 2.Mr.K.Ethirajalu, Advocate

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W.P.No.30441 of 2022

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Writ Petition filed for issuance of Writ of Certiorarified Mandamus, to call for the records of the second Respondent pertaining to his proceedings in A.P.No.34 of 2019 and quash the order dated 25.02.2021 and consequently allow the approval petition filed by the Petitioner Management in A.P.No.34 of 2019.

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The Management Metropolitan Transport Corporation Pallavan House Anna Salai Chennai 600 002 Rep. by its Managing Director

... Petitioner

Vs.

1.S.Kamalavel

2.The Special Joint Commissioner of Labour Authority under Industrial Disputes Act DMS Compound Teynampet Chennai 600 006

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.. Respondents

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With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present Mr.A.Vinothraj, learned counsel for Petitioner and Mr.T.Karkkivelan, learned counsel for the first https://www.mhc.tn.gov.in/judis respondent are present. After mutual discussion, negotiation, mediation and

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conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT

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Both the parties have agreed to settle the issue and filed a joint memo

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duly signed by both the parties dated 09.12.2023, wherein it is stated as follows:

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“It is submitted that the 1^st Respondent/Workman agrees to reinstatement as fresh entrant into service and forego the entire backwages form the date of removal i.e., 04.02.2019 to till the date of reinstatement without continuity of service. Further the Petitioner/Corporation have agreed to reinstate the 1^st Respondent/workman as fresh entrant in to service.”

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2.The Petitioner agreed to comply with the terms of the compromise

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within a period of three months. In terms of the above joint memo dated 09.12.2023, the Writ Petition is disposed of and the said joint memo shall form part of this order.

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The Management Metropolitan Transport Corporation Pallavan House Anna Salai Chennai 600 002 Rep. by its Managing Director

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Counsel for Petitioner

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1.S.Kamalavel

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https://www.mhc.tn.gov.in/judis

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Counsel for first Respondent

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This Lok Adalat award is passed in terms of the above settlement.

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The full Court fee paid shall be refunded to the Petitioner in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge

Member

Member

To: The parties/Advocate concerned Copy to:

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1.The Secretary, High Court Legal Services Committee, Chennai.

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2.The Section Officer, V.R.Section, High Court, Madras.

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3.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

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https://www.mhc.tn.gov.in/judis

C.KUMARAPPAN, J.

W.P.No.30441 of 2022

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09.12.2023

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https://www.mhc.tn.gov.in/judis

The Management v. S.Kamalavel

Case brief

What is this about?

What did the court decide?

The Management v. S.Kamalavel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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