The Management of India Cements Ltd. v. The Presiding Officer, Labour Court, Salem & Others
2008-09-24
M.JAICHANDREN
body2008
DigiLaw.ai
Judgment :- 1. This writ petition has been filed seeking for a writ of Certiorari, to call for the records from the file of the first respondent herein and to quash the order, dated 6. 2000, in C.P.No.655 of 1998. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents 3 to 87 had placed before this Court a memorandum of understanding, entered into between India Cements Employees Union and the management of India Cements Limited, Sankari West, Salem. The Memorandum of understanding reads as follows: "The Memorandum of Understanding is entered into between Thiru.S.K.Palaniappan, General Secretary, The India Cements Employees Union, Sankari West who has signed on behalf of this Memorandum and the Management of The India Cements Limited, Sankari West, Salem Dist. Whereas The India Cements Limited has filed a Writ Petition No.3534 fo 2001 challenging the orders of the Labour Court, Salem, passed in C.P.No.655 of 1998 directing the Management to pay 8 days wages which was deducted for the reason of employees going on strike at mines on 22. 1998, 03. 1998 and 3. 1998 from their monthly salary stating that the deduction is not justifiable. Whereas the Union on behalf of the employees who filed C.P.No.655 of 1998, on the file of the Labour Court, Salem and the Management of India Cements Limited, Sankari have decided to settle the issue on the following conditions. This Memorandum of Understanding witnesses: 1. The workers mentioned in the annexure for the deduction of wages made by the Management for 8 days have received 4 days wages (50%) of the ordered amount as per the orders of the High Court in W.V.M.P.N.1267 of 2002 in W.P.No.3534 of 2001. 2. The workers belonging to the Union are now willing to settle the matter by agreeing to the condition that if the Management pay 6 days wages instead of 8 days wages deducted. The workers also further agreed that since 4 days wages i.e (50%) of the amount ordered in C.P.No.655 of 1998 has been received by them as per the orders of the Honourable High Court in W.V.M.P.No.1267 of 2002, they are now willing to receive wages for 2 days only by foregoing remaining 2 days wags.
The workers also further agreed that since 4 days wages i.e (50%) of the amount ordered in C.P.No.655 of 1998 has been received by them as per the orders of the Honourable High Court in W.V.M.P.No.1267 of 2002, they are now willing to receive wages for 2 days only by foregoing remaining 2 days wags. The Management is agreeing to pay the 2 days wages which was deducted and workers has agreed not to press their claim for the remaining 2 days wages cut. 3. In pursuance of the above Memorandum of Understanding both the parties agrees that they will not make any further claim in this regard. The Management agreed to withdraw the above on the basis of the above Understanding made on 19th September 2008." 3. It is stated by the learned counsel appearing on behalf of the respondents 3 to 87 that in view of the memorandum of understanding entered into between India Cements Employees Union and the management of India Cements Limited, Sankari West, Salem, no further orders are required to be passed in the writ petition 4. The learned counsel appearing on behalf of the petitioner has not refuted the statements made on behalf of the respondents 3 to 87. 5. Hence, this writ petition stands closed, as no further orders are required to be passed in the writ petition.