IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 W.A.No.1422 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN O.P.NO.20286/2001-M, DATED 10/03/2008 .................... APPELLANT/PETITIONER:- ---------------------------------------- THE REGIONAL MANAGER, CENTRAL BANK OF INDIA, THIRUVANANTHAPURAM REGION, THIRUVANANTHAPURAM. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.SUMESH KUMAR N.C. RESPONDENTS/RESPONDENTS:- -------------------------------------------------- 1. THE INDUSTRIAL TRIBUNAL, KOLLAM. 2. SMT. VIMALA BAI, W/O CHELLAPPAN, PARAKKATTU KONAM, PUTHUVAL, PUTHEVEEDU, CHEMPAZHANTHI, THIRUVANANTHAPURAM. R2 BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.1422 of 2008 ---------------------------------------------- Dated, this the 20th day of October, 2008 JUDGMENT H.L.Dattu, C.J. The Central Bank (Bank, for short) has filed this appeal, being aggrieved by the order passed by the learned Single Judge in O.P. No.20286/2001 dated 10.3.2008. 2. The appellant Bank had called in question the award passed by the Labour Court in I.D.No.6/1998 dated 9.1.2001. By the impugned award, the Labour Court had directed the appellant Bank to reinstate the second respondent into service without back wages. 3. The workman was also before this Court in O.P.No.29178/2001, being aggrieved by that portion of the award wherein the Labour Court had declined to grant backwages. 4. The learned Single Judge, while disposing of both the original petitions filed by the management as well as the workman has directed the appellant Bank to reinstate the workman with 50% back wages. 5. Aggrieved by the orders and directions issued by the W.A.No.1422/2008 -2- learned Single Judge, the Bank is before us in this writ appeal. 6. Sri.Devan Ramachandran, learned counsel appearing for the appellant Bank would submit, that, the Bank is willing to issue a fresh order of appointment to the second respondent as Peon within a week's time from today. 7. The submission of the learned counsel Sri.Devan Ramachandran is accepted by Sri.H.B.Shenoy, learned counsel appearing for the second respondent workman. 8. In view of the concession so made by both the learned counsel appearing for the contesting parties, it may not be necessary for us to go into the correctness or otherwise of the orders passed by the learned Single Judge while disposing of the original petition. Therefore, we pass the following: Order i). The appellant Bank shall issue a fresh order of appointment to the second respondent as Peon within a week's time from today as a fresh entrant. ii). The second respondent workman agrees to join the Bank as Peon (as fresh entrant) immediately after receipt of the order of appointment. W.A.No.1422/2008 -3- iii) The workman is not entitled to either back wages or other service benefits. iv). The bank shall not recover any payments made by them during the pendency of the original petition as well as the writ appeal. 9. We place on record our deep appreciation to the efforts made by Sri.Devan Ramachandran, learned counsel appearing for the appellant and Sri.H.B.Shenoy learned counsel appearing for the second respondent in settling the disputes amicably. 10. In view of the order passed in the writ appeal, I.A.No.851/2008 is closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS