I.David Selvaraj Vs the Labour Court

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for records relating to the order passed in I.D.No.70 of 2008, on the file of learned Labour Court (Dindigul Camp), Tiruchirappalli, dated 14.07.2017, dismissing the petition filed by the petitioner under Section 2A of the Industrial Disputes Act, seeking to set aside the order of dismissal dated 17.02.2005, and quash the same and further directing the 2^nd respondent Mill to reinstate the petitioner with continuity of service, pay the entire back wages from 21.05.2003, as well as all other consequential monetary benefits.

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

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For Petitioner : M/s.M.P.Senthil

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For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader for R1 Mr.K.Hemakarthikeyan for R2

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- - - - ORDER

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The present writ petition has been filed by a workmen challenging the dismissal of his Industrial Dispute by the Labour Court, Tiruchirappalli, wherein the order of dismissal passed by the Management has been confirmed.

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2.According to the learned Counsel appearing for the Second respondent Management, the Mill has been closed. The petitioner has filed a Memo dated 16.06.2025, expressing his willingness to settle the issue with the second respondent Management. The clauses i to iii of the said Memo are extracted as follows:-

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“ i.the petitioner is entitled to gratuity amount for the period worked as employee in the 2^nd respondent management(1984-2005).

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ii.the petitioner is agreeing to receive compensation amount of Rs.50,000/- from the 2^nd respondent management.

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iii.apart from the above said terms, the petitioner will not claim any other benefits whatsoever as well as the monetary claims from the 2^nd respondent management.”

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

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3.The learned Counsel appearing for the second respondent Management, on instructions, has submitted that they are agreeable for the terms of the settlement referred to in the Memo filed by the learned Counsel appearing for the petitioner and he seeks 12(twelve) weeks time for making payment.

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4.The learned Counsel appearing for the petitioner is directed to furnish the particulars of his bank account to the respondent Management to enable them to credit the amount to the Bank.

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5.In view of the above said submissions made by the Counsels appearing on either side, this Writ Petition stands disposed of. The second respondent Management is directed to comply with the terms of the compromise on or before 30.09.2025 . No costs.

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17.06.2025

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NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

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

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R.VIJAYAKUMAR, J.

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RJR