IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WA.No. 2266 of 2007() ------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.17629/2007 Dated 6.7.2007 ID.52/2004 of LABOUR COURT, KOLLAM ................................... APPELLANT(S): -------------- QUILON DISTRICT MOTOR AND MECHANICAL WORKERS UNION, CITU, KOLLAM 13, REP. BY ITS GENERAL SECRETARY. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): --------------- 1.P.MUTHUKUMAR, PROPRIETOR, KUMAR MOTORS, KANNAMANGALATHU VEEDU, MAYYANADU P.O., KOLLAM. 2.T.SHANMUGHAN, S/O.THAMKAPPAN, KUNNATHAZHIKATHU VEEDU, ERAVIPURAM P.O., KOLLAM. 3.LABOUR COURT, KOLLAM. ADV. SRI.B.SURESH KUMAR FOR R1 & 2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. ----------------------------------------- W.A.No.2266 of 2007 ----------------------------------------- Dated this the 17th day of July, 2009 JUDGMENT Kurian Joseph,J. This is an appeal at the instance of the writ petitioner. The writ petition was filed challenging the award passed by the Labour Court, Kollam in I.D.No.52/2004. The issue referred for adjudication was the alleged denial of employment to the Conductor, R.Viswanathan Pillai, allegedly engaged in Kumar Motors in Kottiyam-Ashtamudi bus service. The Labour Court held against the workman. Hence the writ petition. The learned single Judge dismissed the writ petition finding that there was no perversity in any of the findings of the Labour Court. 2. When the writ appeal came up before us we found there was an element of settlement and hence directed the parties to be present before this court to thrash out the possibility of a settlement. It is heartening to note that the disputes between the workman and the first respondent management have been settled. In terms of the settlement the W.A. NO.2266/2007 -:2:- first respondent has offered to pay an amount of Rs.50,000/- in full and final settlement of the monetary claims in respect of the alleged service rendered by the workman under respondents 1 and 2 in addition to the contribution to the Kerala Motor Transport Workers Welfare Fund, till today. Learned counsel for the first respondent submits that the payment as above will be made within two weeks from today. The terms of settlement as above are recorded and the writ appeal is disposed of in terms of the settlement. (KURIAN JOSEPH, JUDGE) (K.SURENDRA MOHAN, JUDGE) ahg. KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. --------------------------- W.A.No.2266 of 2007 ---------------------------- JUDGMENT 17th July, 2009