IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 17235 of 2004(B) -------------------------- PETITIONER(S): --------------- M/S.ACCELERATED FREEZE DRYING CO.LTD,. EZHUPUNNA P.O., ALAPPUZHA DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. . SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.P.BENNY THOMAS RESPONDENT(S): --------------- 1. THE GENERAL SECRETARY, AFDC EMPLOYEES UNION, EZHUPUNNA P.O., ALAPPUZHA DISTRICT. 2. LABOUR COURT, KOLLAM. ADV. SRI.K.S.MADHUSOODANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 17235/04. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE OF REGISTRATION. P2. COPY OF THE TRANSFER ORDERS. P3. COPY OF THE LETTER DTD.1.4.90 AND 1.4.91 TO WORKERS. P4. COPY OF THE REPORT OF CONCILIATION DTD.22.4.95. P5. COPY OF THE REFERENCE DTD.21.6.95. P6. COPY OF THE CLAIM STATEMENT DTD.14.12.95. P7. COPY OF THE COUNTER STATEMENT. P8. COPY OF THE REJOINDER DTD.19.4.97. P9. COPY OF THE AWARD DTD.23.2.04. P10. COPY OF THE ORDER DTD.6.4.96. P11. COPY OF THE ORDER CERTIFIED ON 11.10.96. P12. COPY OF THE JUDGMENT OF THIS COURT IN O.P.No. 7459/96. RESPONDENT(S)' EXHIBITS: R1A. COPY OF THE DEPOSITION OF WW1 IN THE I.D. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.17235 of 2004 ================== Dated this the 17th day of November, 2009 J U D G M E N T This writ petition is filed by the management in I.D.No.97/1995 before the Labour Court, Kollam, challenging Ext.P9 award passed by the Labour Court in that I.D. By that award, the Labour Court set aside the transfers of four workers of the petitioner management from Ezhupunna to Gujarat as unjustified and directed that they be reinstated with 75 per cent back wages and attendant benefits in respect of the period during which they have been kept out of employment. After hearing the arguments, this Court suggested that in view of the passage of time and the peculiar facts and circumstances of the case, parties settle the matter between themselves. With a little persuasion from the Court, the parties agree that the management would pay Rs.10 lakhs as compensation to the four workmen in full and final settlement of all their claims in respect of the employment with the petitioner company, which the 1st respondent union has agreed to accept on behalf of the workmen in full and final settlement of all their claims in lieu of the benefits under the award. The workmen would not be entitled to reinstatement or any other benefits as per the award except the Rs.10 lakhs. The amount shall be divided equally 2 between the four workers. This settlement is recored and the writ petition is disposed of in terms of the said settlement. The amount shall be paid within one month from today. It is declared that instead of Ext.P9 award, the parties would be governed by the abovesaid settlement. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge