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The Management of ABT Parcel Service v/s Somasundaram & Another

    Writ Appeal No. 1914 of 2010 & M.P.No. 1 of 2010

    Decided On, 22 November 2013

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. PAUL VASANTHA KUMAR & THE HONOURABLE MR. JUSTICE R. MAHADEVAN

    For the Petitioner: S. Ravindran, M/s. T.S. Gopalan and Co., Advocates. For the Respondents: R1, V. Ajay Khose, Advocate, R2, Labour Court.



Judgment Text

(Prayer:- Writ Appeal under Clause 15 of the Letters Patent, against the order, dated 08.06.2010, made in W.P.No.25309 of 2001.

WP.NO.25309 of 2001: Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the award passed by the Ist Respondent in I.D.No.22/98 dated 26.12.2000, quash the same and Consequently direct the respondents to reinstate the Petitioner with backwages and Continuity of service.)

N. Paul Vasanthakumar, J.

1. This writ appeal is filed against the order made in W.P.No.25309 of 2001, dated 08.09.2010, by the Management.

2. During the pendency of the writ appeal, the appellant as well as the first respondent/workman came to settlement and a joint memo of compromise is signed by the Assistant General Manager, ABT Parcel Service, Chennai; the first respondent herein; and their respective counsel. The said memo reads as follows:-

Joint Memo of Compromise

Between

The Management of ABT Parcel Service,

10/13 Kalingarayan Street,

Ram Nagar, Coimbatore-9.

And

ThiruR.Somasundaram,

S/o.Rajangam, Korkinadu Street,

KumbakonamTaluk, Tanjore.

"Thiru R.Somadundaram was employed as a driver in the service of the Management. By order dated 3.1.1997, he was terminated from service. The employee raised an industrial dispute and it was adjudicated before the Labour Court, Coimbatore in ID 22/1998. By Award dated 26.12.2000, the dispute raised by the employee was dismissed. He filed WP No.25303/2001. By order dated 8.6.2010, the High Court moulded the relief to the employee as one of compensation of Rs.5 lakhs. The Management challenged the said order in WA No.1914/2010. The Management deposited Rs.2.5 lakhs to the credit of ID 22/1998 before the Labour Court, Coimbatore as a condition for interim stay. Recently, the parties held negotiation and arrived at a compromise on the following terms:

i. The employee, R.Somasundaram hereby accepts the order of termination dated 3.1.1997 and confirms that his service has come to an end on the said date.

ii. The employee R.Somasundaram agrees to receive a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) as exgratia (which will not attract any statutory payments/contributions like bonus, ESI, PF, Gratuity, etc.) which is credited to the account of ID No.22 of 1998 before the Labour Court, Coimbatore. The Management herein agrees that R.Somasundaram will be permitted to withdraw the said amount of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand) lying to the credit of I.D.No.22 of 1998.

iii. The employee agrees to apply to The Trustees, ABT Employees Gratuity Fund, 180, Race Course, Coimbatore-18, for receipt of Gratuity amount of Rs.10,183/- (Rupees Ten Thousand One Hundred and Eighty Three only) and also apply to The Trustees, ABT Employees Provident Fund, 180, Race Course, Coimbatore-18 for receipt of PF amount of Rs.23,423/- (Rupees Twenty Three Thousand Four Hundred and Twenty Three only).

iv. On receipt of the amount mentioned in Clause-2 and 3 above, R.Somasundaram hereby confirms that all his contractual and statutory dues for the period of his employment between 20.08.1990 and 3.1.1997 including payment towards gratuity have been fully and finally settled and that he shall have no claim whatsoever against the Management.

v. Parties agree to file a copy of this settlement before the Hon'ble High Court, Madras in WA No.1914/010 and pray for the disposal of the writ appeal in terms of this settlement.

Dated at Chennai, this the 20th day of November, 2013.

(Sd........) (Sd.......)

R.SomasundaramA.Hameed Ali

2nd respondent in Asst.General Manager

WA 1914/2010 ABT Parcel Services

before the High Court, Appellant in

Madras. WA 1914/2010

before the H

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igh Court, Madras. (Sd........) (Sd.......) Counsel for Employee/ Counsel for Management/ 2nd Respondent Appellant. 3. Recording the above said joint memo, this writ appeal is disposed of. The first respondent is directed to withdraw the amount deposited in the Labour Court within a period of two weeks from the date of receipt of a copy of this order. Connected M.P. is closed. No costs.
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