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The Management Of Hotel Southern … vs The Presiding Officer on 5 November, 2004

Madras High Court
The Management Of Hotel Southern … vs The Presiding Officer on 5 November, 2004
       

  

  

 
 
 In the High Court of Judicature at Madras

Date : 05/11/2004

Coram


The Hon'ble Mr. Justice P.D.DINAKARAN
and
The Hon'ble Mr. Justice T.V.MASILAMANI

Writ Appeal No.1883 of 2004
and
W.A.M.P.No.3523 of 2004

The Management of Hotel Southern (P) Ltd.,
A-4, Bharathi Street,
Swarnapuri, Salem-636 004.                      ...  Appellant

-vs-

1. The Presiding Officer,
   Labour Court,
   Salem.

2. M.Thangavel                                          ...  Respondents


        Appeal against the order of the learned single Judge dated 2.12.2003
 made in Writ Petition No.3228 of 1998.

!For Appellant  : Mr.C.Kanagaraj

^For Respondents: Mr.S.Ayyathurai-R2.


:J U D G M E N T

(Judgment of the Court was delivered
by P.D.DINAKARAN, J.)

The appellant is the writ petitioner in W.P.No.3228 of 1998, who had
challenged the award dated 29.10.1997 made in I.D.No.69 of 1996 raised by the
second respondent herein before the first respondent. The first
respondent/labour Court in the said award dated 29.10.1997 made in I.D.69 of
1996 directed the appellant/management to reinstate the second
respondent/employee with backwages and the same was also confirmed by the
learned single Judge by an order dated 2.12.2003 made in Writ Petition No.3228
of 1998, against which, the management has preferred the above writ appeal.

2. When the writ appeal came up for admission, notice was ordered to
the second respondent and on receipt of which, Mr.S.Ayyathurai appeared on
behalf of the second respondent. During the course of hearing, both the
appellant/management and the second respondent/employee agreed to settle the
dispute among themselves, agreeing to the effect that the appellant/management
shall pay a sum of Rs.50,000/- to the second respondent in addition to a sum
of Rs.49,500/- which stands deposited to the credit of I.D.No.69 of 1996
pursuant to the orders of this Court made in Writ Petition No.3228 of 1998.

3. Accordingly, both the learned counsel for the appellant/
management and the second respondent/employee have made the following
endorsement:

“The management is arrived for settlement of the WA by paying Rs.50,000/- (Rupees fifty thousand only) to R2 as full
settlement in addition to the amount of Rs.49,500/- deposited with the Labour
Court, Salem.”

4. In that view of the matter, we incline to set aside both the award
dated 29.10.1997 made in I.D.No.69 of 1996 as well as the order of the learned
single Judge dated 02.12.2003 in terms of the above endorsement, permitting
the second respondent to withdraw Rs.49,500/- which stands to the credit of
I.D.No.69 of 1996 on receipt of copy of this order and directing the
appellant/management to pay a sum of Rs.50,000/- to the second respondent
within four weeks from the date of receipt of copy of this order, failing
which the above writ appeal will stand dismissed.

The writ appeal is disposed of accordingly. No costs. Consequently,
WAMP.No.3523 of 2004 is closed.

ATR

To,

The Presiding Officer,
Labour Court,
Salem.

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