M/S.Saravana Selvarathanam v. T.Paulraj

Madras HC26 Feb 2025WP/18328/2023

Case brief

AI extract

What is this about?

Madras High Court writ petition (Art. 226, certiorari) against Labour Court award in I.D.No.234 of 2008 granting reinstatement with 50% backwages and continuity of service following alleged oral termination and closure of a dairy unit; matter referred to Tamil Nadu Mediation and Conciliation Centre (order dated 18.11.2024); disposed of on 26.02.2025 in terms of settlement agreement dated 19.02.2025; no costs; connected WMP.No.17535 of 2023 closed; no merits decided; useful as an example of settlement-based disposal of a service/industrial-dispute challenge.

What did the court decide?

Writ petition disposed of in terms of the settlement agreement dated 19.02.2025, which forms part and parcel of the record; no costs; connected miscellaneous petition (WMP.No.17535 of 2023) closed. ¶40-41

M/S.Saravana Selvarathanam Vs T.Paulraj — Writ and Judicial Review | Madras HC (2025)

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W.P.No.18328 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.02.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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W.P.No.18328 of 2023 and WMP.No.17535 of 2023

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M/s. Saravana Selvarathanam, Rep. by its Proprietor, Sri Saravana Arul, 14, Ranganathan Street, T.Nagar, Chennai – 17.

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...Petitioner

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Vs.

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T.Paulraj ...Respondent

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Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records in I.D.No.234 of 2008 on the file of Hon'ble II Additional Labour Court, Chennai and quash the award dated 28.02.2023.

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For Petitioner : Mr.D.Abdullah For Respondent : Mr.N.Kamaraj

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ORDER

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This Writ Petition has been filed by the petitioner seeking

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quashment of the award passed by the II Additional Labour Court,

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Chennai in I.D.No.234 of 2008 dated 28.02.2023.

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Page No.1 of 7

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

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W.P.No.18328 of 2023

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2 . The case of the petitioner/management is that, the respondent/

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workman joined the services of the petitioner management on 16.09.2002 and he was subsequently transferred to Dairy Division started by the petitioner during the year 2005 and worked as incharge of the unit. While so, due to improper handling of the activities and lack of integrity on the part of the respondent, the dairy unit became inviable and the same was closed on 31.12.2005. Thereafter, the accounts of the respondent were settled and the factory license was also surrendered to the Inspectorate of Factories by letter dated 10.01.2006. While so, alleging that he was orally terminated from service, the respondent/workman raised an dispute in I.D.No.234 of 2008 and the lower court, without considering any of the above said facts, vide impugned order dated 28.02.2003 ordered for reinstatement with 50% backwages along with continuity of service and attendant benefits. Challenging the same, the present writ petition has been filed.

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3 . During the pendency of this writ petition, upon considering the fact that there are chances of settlement in this mater, this Court referred

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Page No.2 of 7

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

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W.P.No.18328 of 2023

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the matter to Tamil Nadu Mediation and Conciliation Centre attached to

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this Court vide order dated 18.11.2024.

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4. When the matter is taken up for hearing today, learned counsel

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appearing for the parties submitted that, the parties have arrived at settlement and to that effect, mediation report along with settlement agreement dated 19.02.2025 signed by the petitioner and the respondent and also by the learned counsel for the parties has been filed before this Court.

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5. The settlement agreement entered between the parties dated 19.02.2025 is extracted herein:

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Page No.3 of 7

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

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W.P.No.18328 of 2023

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Page No.4 of 7

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

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W.P.No.18328 of 2023

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Page No.5 of 7

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

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W.P.No.18328 of 2023

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Accordingly, this Writ Petition stands disposed of in terms

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of the settlement agreement dated 19.02.2025 and the same shall form part and parcel of the records. No Costs. Consequently, the connected miscellaneous petition is closed.

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26.02.2025

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skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No

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The II Additional Labour Court, Chennai.

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Page No.6 of 7

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

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