IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 24-09-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3534 of 2001 The Management of India Cements Ltd., Sankari West, Salem. .. Petitioner. Versus 1.The Presiding Officer, Labour Court, Salem. 2.Mani (Deceased) 3.R.Palanisamy 4.S.P.Muthu 5.K.Kulandasamy 6.M.Seetharaman 7.K.Irusa Gounder 8.S.P.Palanisamy 9.P.Chokkappan 10.R.Murthy 11.M.Mani 12.V.Palanimuthu 13.K.Palaniappan 14.K.Gurusamy 15.R.Somu 16.S.Sowrimuthu 17.S.P.Ponnusamy 18.M.Munusamy 19.K.Arunachalam 20.P.Raju 21.P.Natarajan 22.V.Ganesan 23.K.Palanisamy 24.C.Gnanasekaran 25.R.Sakthivel 26.A.Thangavelu 27.K.Chellamuthu 28.P.Rathnavel 29.M.S.Kandasamy 30.A.Muthusamy 31.R.Muniya Gounder 32.A.Subramaniam https://hcservices.ecourts.gov.in/hcservices/ 33.A.Loganathan 34.K.Thangavelu 35.K.Kaliannan 36.P.Ganesan 37.C.Muthusamy 38.R.Chinna Gounder 39.K.Ponnusamy 40.O.Palanisamy 41.N.Palanisamy 42.P.Ponnappan 43.K.Muthupaiyan 44.S.Ramasamy 45.V.Mani 46.V.Kuppan 47.P.S.Muthu 48.V.C.Gopal 49.P.K.Perumal 50.S.Srinivasan 51.A.Palaniappan 52.P.Sengottaiyan 53.S.Jothivel 54.K.Velu 55.C.Raju 56.A.Palanisamy 57.P.Thambi 58.P.Periasamy 59.P.Palanisamy 60.V.Ponnusamy 61.P.Subramani 62.S.Ravichandran 63.R.Muthusamy 64.S.Subramani 65.M.Chellappan 66.M.R.nagarajan 67.M.Singarayan 68.P.Sundararaju 69.V.Boopathi 70.L.Chinnannan 71.K.perumal 72.P.Manickam 73.P.Ramasamy 74.K.Madhappan 75.N.Iyyannan 76.P.Muthusamy 77.P.Orukkamalai 78.R.Kandasamy 79.K.Ramasamy 80.P.Kandasamy 81.M.Ramasamy 82.K.Subramany https://hcservices.ecourts.gov.in/hcservices/ 83.K.Muniyan 84.R.Ramasamy 85.K.P.Subramani 86.Muniammal 87.Rajammal 88.Velmurugan (RR86 to 88 substituted as LRs of the deceased 2nd respondent as per order, dated 14.8.2002, in W.P.M.P.No.25915 of 2002.) .. Respondents. Prayer: This 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 2.6.2000, on its file in C.P.No.655 of 1998. For Petitioner : Mr.S.Jayaraman For Respondents : Mr.K.Srinivasamurthy (R3 to R8) O R D E R 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 2.6.2000, 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 https://hcservices.ecourts.gov.in/hcservices/ 28.2.1998, 01.3.1998 and 2.3.1998 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 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. https://hcservices.ecourts.gov.in/hcservices/ 5. Hence, this writ petition stands closed, as no further orders are required to be passed in the writ petition. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar csh To The Presiding Officer, Labour Court, Salem. +1 cc To Mr.S.Jayaraman, Advocate, SR.55032 +1 cc To M/s.Row & Reddy, Advocate, SR.54664 Writ Petition No.3534 of 2001 ka [co] gkg/15.10 https://hcservices.ecourts.gov.in/hcservices/