1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (CONTEMPT JURISDICTION) WEDNESDAY, THE 13TH DAY OF FEBRUARY, 2019 THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN AND THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM SUB APPLICATION NO.510 and 511 of 2015 in CONTEMPT PETITION No.240 of 2006 ************ S.Srinivasan, 21, Visweswarapuram Street, Chennai 600 004. ... Applicant vs 1.Macneill & Magor Kilburn Group Companies Employees' Union, 374, Konnur High Road, Chennai 600 012. 2.Kilburn Electricals Ltd., 374, Konnur High Road, Chennai 600 012. 3.Kilburn Control Systems Ltd., 374, Konnur High Road, Chennai 600 012. 4.Kilburn Starters Ltd., 374, Konnur High Road, Chennai – 600 012. 5.Kilburn Fabrications Ltd., 374, Konnur High Road, Chennai 600 012. 6.Macneill & Magor Kilburn Group Thozhilalar Nalasanga, 14, Doraisamy Street, Ayanavaram, Chennai 600 023. 7.Industrial Tribunal High Court Complex, Chennai. ... respondents 2 Sub Application No.510 and 511 of 2015 filed under section 151 of CPC in contempt No.240/2006 in W.A.NO.1031 of 2004 coming on this day before this Court for hearing in the presence of M/s.Satish Parasaran, Advocate for the petitioner herein; and of M/s.K.M.Ramesh, Advocate for the respondents herein; and of Mr.Anand Gopalan,learned counsel appearing for the respondent herein; and upon reading the application and affidavit of S.Srinivasan, filed in herein; the Court made the following order:- “By our order dated 24.01.2019, while noting the contentions raised by Macneil and Magor Kilburn Group Companies Employees' Union [hereinafter referred to as “Employees' Union”], we also recorded the stand taken by Macneil and Magor Kilburn Group Thozhilalar Nalasangam [hereinafter referred to as “Thozhilalar Nalasangam”], who submitted that they are agreeable to abide by the terms of settlement reached under Section 18(1) of the Industrial Disputes Act, 1947 dated 06.07.2015, we directed the contemnor and the Thozhilalar Nalasangam to reduce the settlement into writing and place the same before us. 2. Today, when the matter is taken up, a Joint Memo dated 13.02.2019 has been filed, signed by the contemnor, learned counsel for the contemnor, the Secretary and 3 members of the Thozhilalar Nalasangam and their counsel. In the Joint Memo, the Thozhilalar Nalasangam and the 62 workmen, whom it represents, has stated that they stand by the settlement 3 dated 06.07.2015 and they shall abide by the terms mentioned therein. Therefore, the Thozhilalar Nalasangam prayed that they may be permitted to withdraw the amount deposited by the contemnor i.e., the amount already deposited and in addition to the amount to be deposited, totalling to a sum of Rs.34,68,166/-, so that quietus can be given to the litigation insofar as it relates to Thozhilalar Nalasangam. For better reference, the Joint Memo dated 13.02.2019 is extracted hereunder: JOINT MEMO 1. The Applicant/Contemnor Mr.S.Srinivasan and the Respondent Union entered into a settlement on 06.07.2015. The same has already been placed on record before this Hon'ble Court. A copy is enclosed. It is prayed that the same may be taken on record and be treated as part of this memo. 2. In terms of the settlement, the Union agreed to settle all their dues, including statutory dues, by receiving a sum of Rs.2,18,45,817/- in all respect of its 62 members whose names were mentioned in Annexure A to the settlement and it was agreed that Mr.S.Srinivasan was not the employer after 01.03.1989. A sum of Rs.74,68,166/- being 50% of the agreed amount was paid when the settlement was signed. Thereafter, pursuant to orders of this Hon'ble Court dated 09.10.2017, a sum of Rs.40 Lakhs has been received by the 62 members of the respondent herein. Therefore, as on date, only a sum of Rs.34,68,166/- is due. 4 3. The Applicant has sine then deposited a sum of Rs.15 Lakhs before the Hon'ble Industrial Tribunal, Chennai. The Applicant has further come forward to deposit the remaining amount of Rs.19,68,166/- by Cheque No.501425 dated 13.2.2019. 4. The Respondent Union and the 62 workmen, whom it represents, stand by the settlement dated 06.07.2015 and they shall abide by the terms mentioned therein. It is humbly prayed that in such circumstances, this Hon'ble Court may permit them to withdraw the amount deposited by the Applicant and give a quietus to the litigation. 5. It is humbly stated that after receipt of the amount of Rs.34,68,166/- due to the 62 members of the Union, the Union or workmen shall have no claim against Mr.S.Srinivasan or any of the companies mentioned in the settlement for any monetary sum sum including statutory dues. 6.It is humbly prayed that this Hon'ble Court may kindly take this memo on record along with the settlement and pass appropriate orders, as it deems fit in the interest of justice.” 3. In pursuant to the directions issued earlier, the contemnor has deposited a sum of Rs.15,00,000/-, which is lying in deposit before the Industrial Tribunal, Chennai. To make good the total amount agreed to be paid viz., Rs.34,68,166/-, the contemnor has deposited a further sum of Rs.19,68,166/-. In the Joint Memo dated 13.02.2019, the cheque number as 5 well as date of the cheque for the said amount has been mentioned. 4. It is submitted by Mr.Anand Gopalan, learned counsel for the respondent/contemnor that though they have recorded in the Joint Memo that a sum of Rs.15,00,000/- alone has been lying in the deposit before the Industrial Tribunal, on verification today (13.02.2019), it is submitted that a sum of Rs.21,38,480/- is lying in the deposit. 5. Be that as it may, the respondent/contemnor shall deposit a sum of Rs.19,68,166/- before the Industrial Tribunal and the 62 workmen, who are members of the Thozhilalar Nalasangam is entitled to withdraw the total amount of Rs.34,68,166/- and the remaining amount shall be kept in the deposit by the Industrial Tribunal. As done earlier, payments shall be made on pro-rata basis and cheques shall be drawn in favour of the workmen/legal heirs and the cheques be handed over to the Secretary of the Thozhilalar Nalasangam, who shall distribute the cheques to the individual workmen/legal heirs and produce the receipts before the Industrial Tribunal. 6. It is made clear that as soon as the amount of Rs.19,68,166/- is realized, the Industrial Tribunal shall expedite the matter for issuance of cheques in the name of 62 individual workmen/legal heirs, preferably within a period of two weeks from the date on which the amount has been credited to the relevant account. We also enquired Mr.S.Saravanan, learned counsel for the Thozhilalar Nalasangam as to whether there are any inter se dispute 6 between the legal heirs of the deceased workmen, who are three in number and it is submitted that earlier cheques have been issued in the name of one of the legal heirs and the same modus shall be adopted by the Industrial Tribunal for distributing the present payment. 7. We make it clear that any observations made in this order shall be relatable only to the claim made by the members of the Thozhilalar Nalasangam and it is well open to the Employees' Union to contest the Contempt Petition on merits, which they wish to do, as recorded by us in our earlier order dated 24.01.2019. 8. The Sub-Application Nos.510 and 511 of 2015 stand disposed of with the above observations. List the main Contempt Petition on 08.03.2019.” WITNESS THE HON'BLE SHRIMATI. JUSTICE VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE OF HIGH COURT AT MADRAS, AS AFORESAID, THIS THE 13TH DAY OF FEBRUARY 2019. SD/- JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. 7 RA/22/02/2019 SUB APPLICATION No.510 and 511 of 2015 in CONTEMPT PETITION No.240/2006 THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN AND THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM ORDER DATED : 13/02/2019 FOR APPROVAL :22/02/2019 APPROVED ON :22/02/2019 To 1.S.Srinivasan, 21, Visweswarapuram Street, Chennai 600 004. 2.Macneill & Magor Kilburn Group Companies Employees' Union, 374, Konnur High Road, Chennai 600 012. 3.Kilburn Electricals Ltd., 374, Konnur High Road, Chennai 600 012. 4.Kilburn Control Systems Ltd., 374, Konnur High Road, Chennai 600 012. 5.Kilburn Starters Ltd., 374, Konnur High Road, Chennai – 600 012. 8 6.Macneill & Magor Kilburn Group Thozhilalar Nalasanga, 14, Doraisamy Street, Ayanavaram, Chennai 600 023. 7.Industrial Tribunal High Court Complex, Chennai.