The prayer in the Writ petition is for a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1st Respondent in I.D.No.25 of 2004 dated 20.04.2009 and quash the same in so far as the award upholding the order of dismissal dated 16.07.2001 and rejection of 50% back wages and directing the 2nd Respondent to pay the back wages from the date of the suspension to 06.07.2003, the date of superannuation with interest at the rate of 18% per annum and all other attendant benefits payable to the petitioner.
2.Heard both sides.
3.Though the petitioner has come out with the present writ petition with the aforesaid prayer, today, the learned counsel appearing for the petitioner as well as the learned counsel appearing for the second respondent Management have filed a Joint Memo of Compromise of the parties dated 03.01.2017. According to the said memo, both the petitioner and second respondent have reached a settlement through which the petitioner would get a sum of Rs.4,18,227/- from the second respondent towards full and final settlement of the issue raised in this writ petition. Along with the memo of settlement, the second respondent has also filed receipt for each head of the payment given to the petitioner and also produced a copy of the cheque through which the said sum of Rs.4,18,227/- has been given to the petitioner drawn in State Bank of India, Vicramasingapuram Branch by cheque No.581017 dated 04.01.2017.
4.Today, the learned counsel appearing for the petitioner as well as the second respondent submitted that by recording the settlement memo along with copy of the cheque, this Writ Petition can be disposed of as settled out of Court.
5.Considering the above said submission made by the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent and the said settlement memo filed by both sides dated 03.01.2017, this Writ Petition is disposed as settled out of Court. Terms of settlement of the Compromise Memo is reproduced herein, which shall form part of this order:
TERMS OF SETTLEMENT
1.The Management agrees to pay Thiru. STS Salvadi and he agrees to receive the following payment in full and final settlement of all claims against the Management.
a. Lump sum amount in lieu of employment- Rs.1,60,000/-
2.It is agreed that the employee. Thiru.S.T.S.Salavadi shall give individual receipts to the Management for the payments received in terms of the settlement.
3.Following the payment of the amount mentioned in this settlement, it is specifically agreed between the parties that neither of them shall have any claim against each other.
4.The employee accepts the order of dismissal dated 13.07.2001 issued by the Management.
5.Thiru. STS Salavi agreed that he will not raise any dispute before any legal forum in connection with his non-employment or any other matter against the Management.
6.In view of this settlement, it is agreed that Joint Memo of Compromise before High Court of Madurai Bench with a prayer to dispose off the writ petition No.2265 of 2010 as per the terms of this settlement.
7.In view of this settlement, it is agreed that the non-employment of Thiru. STS Salavadi has been settled between the parties and that the employee shall have no claim whatsoever against the management.
Both the parties agrees to the above terms and conditions In witness whereof the parties set their hands on this the 3rd day of January, 2017.
Representing the Employer Representing the Employee sd./- xxx sd./- xxx (P.MURUGESAN) S.T.S.Salvadi) Group Industrial Manager Staff No.2732 No costs. To 1.The Labour Court, Tirunelveli, Tirunelveli District..