IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 1100 of 2006(E) ---------------------------------- PETITIONER: ------------------ THE REGIONAL MANAGER, CENTRAL BANK OF INDIA, P.B.NO.98M,GOPAL BUILDING, REGIONAL OFFICE, THYVILA ROAD, THIRUVANANTHAPURAM. BY ADVS. SRI.V.V.SIDHARTHAN SRI.ELDHOSE M.VARGHESE RESPONDENTS: -------------------- 1. B.PREMKUMAR, THODIYIL VEEDU, THAMARATHOTTAM, KAIKKULANGARA NORTH, KOLLAM. 2. THE INDUSTRIAL TRIBUNAL, KOLLAM. R1 BY ADV. SRI.GOPAKUMAR R.THALIYAL R2 BY GOVT.PLEADER NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 15/12/2011 THE COURT DELIVERED THE FOLLOWING: JM WPC NO. 1100 OF 2006 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF CLAIM STATEMENT DT. 6.11.2000 FILED BY THE WORKMAN P2: WRITTEN STATEMENT FILED BY THE MANAGEMENT BANK P3: COPY OF AWARD DT. 2.12.2004 IN I.D.. 1/2000 OF THE INDUSTRIAL TRIBUNAL, KOLLAM ALONG WITH THE NOTIFICATION DT. 5.1.2005 ISSUED BY THE UNDER SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF LABOUR. P4: COPY OF LETTER DT. 6.10.2006 SENT BY THE SENIOR MANAGER PUNJAB NATIONAL BANK, KOLLAM TO THE ASSISTANT GENERAL MANAGER, CENTRAL BANK OF INDIA, REGIONAL OFFICE, TRIVANDRUM RESPONDENT'S EXHIBITS: NIL \\ TRUE COPY\\ PA TO JUDGE JM S.SIRI JAGAN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO. 1100 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December 2011 --------------------------------------------------- JUDGMENT This writ petition is filed by the Management in I.D.No.1/2000 before the Industrial Tribunal, Kollam, challenging Ext.P3 award passed by the Tribunal in that I.D. The issue referred for adjudication was: “Whether the action of the management of Central Bank of India in terminating the service of the workman Sri.B.Premkumar, temporary peon, Kadappakkada branch with effect from 23/08/1997 is legal and justified? If not, to what relief the workman is entitled to?” After adjudication, the Tribunal directed the management to reinstate the workman with all attendant benefits. That is under challenge in this writ petition. 2. Now, the parties have come to a settlement in the matter. The parties submit that the management is prepared to appoint the petitioner as a fresh entrant and the workman is prepared to accept the said fresh appointment subject to the condition that the wages paid to the petitioner u/s 17(B) of the Industrial Disputes Act as per order in I.A.No.12168 of 2006 would not be recovered from him. This settlement is recorded and the writ petition is disposed of with the following directions: 2 The petitioner bank shall issue a fresh order of appointment to the first respondent as a fresh entrant to the post of peon within a period of one week from the date of receipt of a copy of this judgment. The first respondent may join the bank as peon immediately on receipt of such an order of appointment. The first respondent - workman will not be entitled to claim either back wages or any other service benefits by virtue of his previous temporary service under the petitioner bank in case he joins duty pursuant to the receipt of the order of appointment. The petitioner bank shall not recover from the first respondent any amount already paid to the first respondent during the pendency of this writ petition by virtue of orders passed in this writ petition. It is declared that instead of Ext.P3 award, the parties would be governed by the above settlement and the first respondent will not be entitled to enforce the award. S.SIRI JAGAN, JUDGE STU