BEFORE THE LOK ADALATH ORGANIZED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE C.S.RAJAN (RETD.JUDGE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR (RETD.JUDGE, HIGH COURT OF KERALA) MONDAY, THE 1ST JANUARY 2007 / 11TH POUSHA 1928 OP.No. 14543 of 2002(F) ----------------------- PETITIONER: ------------ THRISSUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY ANTO FRANCIS, WEST PALACE ROAD, TRISSUR-20. BY ADV. SRI.P.RAVINDRAN RESPONDENTS: ------------- 1. T.S. GOPI, THIYYALI VEEDU, POTTOR POST, THRISSUR. 2. THE INDUSTRIALL TRIBUNAL, PALAKKAD. BY ADV. SRI.A.JAYASANKAR (FOR R1) SRI.C.ANIL KUMAR THIS ORIGINAL PETITION HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: OP NO.14543/2002 -2- APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE PETITIONER DATED 14.2.2000. EXT. P2: COPY OF THE AWARD IN ID 54/1999 DATED 21.7.2001. /TRUE COPY/ jp C.S.RAJAN (RETD. JUDGE) & M.R.HARIHARAN NAIR (RETD. JUDGE) O.P. No. 14543 OF 2002 ----------------------------------- Dated this the 1st day of January, 2007 A W A R D C.S.RAJAN (Rtd. Judge) Counsel for the petitioner and 1st respondent with his counsel are present. After discussions the matter was settled as per the following terms: 1. The 1st respondent will be re-absorbed in the services of the petitioner as collection agent with remuneration as payable to other collection agents of the petitioner association. 2. The petitioner/1st respondent will be given posting at Chalakudy with facility of a pass for free journey from Trichur to Chalakudy in the fleet of vehicles operated by the petitioner. 3. As far as calculation of service period for the benefits of gratuity at the time of retirement is concerned the matter will be decided as per claim which would be raised by the 1st respondent at the relevant time. In other words the eligibility for gratuity for the period after 1993 until re-absorption is left open for decision at the appropriate stage. The 1st respondent will be paid a sum of Rs.15,000/- (Rupees Fifteen thousand only) as one time OP NO.14543/2002 -2- payment taking into account the break of service involved in the case. The payment as above and the appointment order re-absorbing the 1st respondent into the Petitioner's service in the service will be issued by the petitioner on or before 15th January 2007. The Appeal is closed as above. C.S.RAJAN (RETD. JUDGE) M.R.HARIHARAN NAIR (RETD. JUDGE) jp