IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 WP(C).No. 16561 of 2006(V) -------------------------------------- ID.9/2001 of LABOUR COURT, KANNUR .................... PETITIONER: ------------------ KERALA DINESH BEEDI CHERUVATHOOR BEEDI WORKERS INDUSTRIAL SERVICE TYPE CO-OPERATIVE SOCIETY LTD.NO. S.IND.(C) 59, P.O.CHERUVATHOOR, KASARAGOD DISTRICT, (CHERUVATHOOR BEEDI THOZHILALI (VYAVASAYA) SAHAKARANA SANGHAM), REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA RESPONDENTS: -------------------- 1. KERALA CO-OPERATIVE EMPLOYEES' FRONT, HOSDURG TALUK COMMITTEE, C/O.NEELESWARAM SERVICE CO-OPERATIVE BANK, P.O.NEELESWARAM, KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE LABOUR COURT, KANNUR. ADDL. R3: V. BALAKRISHNAN, S/O. P.V. KANNAN, THIRUNELLI KOVVAL, MANIYATTU P.O., THRIKKARIPUR-671 310 (IMPLEADED AS PER ORDER DATED 27.7.06 IN I.A.10407/06. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SR. GOVERNMENT PLEADER T.T. MAHMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.16561/06 APPENDIX EXT.P1: COPY OF PAGE NOS.1 TO 3 AND PAGE NOS.24 AND 25 OF THE CERTIFIED STANDING ORDERS OF KERALA DINESH BEEDI WORKERS CENTRAL CO-OPERATIVE SOCIETY LTD. EXT.P2: COPY OF REPORT TO THE PRESIDENT OF THE PETITIONER SOCIETY ON 17.2.1998. EXT.P3: TRUE COPY OF THE SUSPENSION ORDER CUM CHARGE SHEET DATED 17.2.1998 ISSUED BY THE PETITIONER TO SRI.V. BALAKRISHNAN. EXT.P4: COPY OF THE ENQUIRY REPORT DATED 11.6.1998 SUBMITTED BY SRI. K. SURENDRAN, ENQUIRY OFFICER. EXT.P5: COPY OF THE CLAIM STATEMENT DATED 18.12.2001 FILED BY THE 1ST RESPONDENT IN I.D.NO.9 OF 2001. EXT.P6: COPY OF THE COUNTER STATEMENT DATED 8.1.2002 FILED BY THE PETITIONER IN I.D.NO.9 OF 2001. EXT.P7: COPY OF THE PETITION DATED 25.7.2005 FILED BY THE COUNSEL FOR THE PETITIONER AS I.A.NO.43 OF 2005 IN I.D.NO.9 OF 2001 BEFORE THE 2ND RESPONDENT. EXT.P8: COPY OF THE ORDER DATED 25.8.2005 ON PRELIMINARY POINT PASSED BY THE 2ND RESPONDENT IN I.D.NO.9 OF 2001. EXT.P9: COPY OF THE LETTER AWARD DATED 1.9.2005 PASSED BY THE 2ND RESPONDENT. EXT.P10: COPY OF LETTER DATED 8.6.2006 ADDRESSSED BY SRI. P.APPUKUTTAN, ADVOCATE, HOSDURG TO SRI. SHASHI D. NAIR ADVOCATE, KANNUR. EXT.P11: COPY OF DEPOSITION OF WITNESSES Mws1 TO 16 AND WW1 OF THE DOMESTIC ENQUIRY CONDUCTED INTO THE CHARGES LEVELLED AGAINSTSRI. V. BALAKRISHNAN. EXT.P12: COPY OF THE AUDIT REPORT DTED 16.8.2000 OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIEITIES (AUDIT) HOSDURG IN RESPECT OF THE PETITIONER FOR THE YEAR 1997-98. EXT.P13: COPY OF THE LETTER DTED 28.6.2000 OF THE JUNIOR CONCURRENT AUDITOR, HOSDURG TO THE JOINT REGISTRAR OF CO-OPERATIVE SOCIEITIES (AUDIT) KASARAGOD. EXT.P14: COPY OF LEAVE APPLCIATION OF P. SYAMALA APPLYING FOR LEAVE ON 16.2.1998, 9.2.1998, 10.2.1998 AND 11.2.1998. EXT.P15: COPY OF THE LEAVE APPLICATION OF P.P. ROHINI APPLYING FOR LEAVE ON MEDICAL GROUND FOR THE DAYS 12.2.1998 AND 13.2.1998. EXT.P16: COPY OF LEAVE APPLICATION OF T. SUSEELA APPLYING FOR LEAVE FOR THE PERIOD 10.1.1998 TO 14.1.1998 WITH THE ENDORSEMENT OF SRI. V. BALAKRISHNAN. EXT.P17: COPY OF LEAVE APPLICATIN OF T.S SUSEELA APPLYING FOR LEAVE FOR THE PERIOD 15.1.1998 TO 17.2.1998. W.P.(C)NO.16561/06 ANNEXURE-A: COPY OF THE LETTER DATED 3.8.2007 SUBMITTED BY RESPONDENTS 1 AND 3 TO THE PETITIONER. ANENXURE-B: COPY OF THE ORDER DATED 30.8.2007 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. ANNEXURE-C: COPY OF THE JOINING REPORT SIGNED BY THE 3RD RESPONDENT AND SUBMITTED TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C)No.16561 OF 2006 --------------------------------- Dated this the 25th day of September, 2007 JUDGMENT The petitioner in the writ petition has produced Annexure-A settlement with respondents 1 and 3 and seeks disposal of the writ petition in terms of the said settlement. 2. I have heard the learned counsel for respondents 1 and 3 also. In view of the Annexure-A settlement I dispose of this writ petition holding that instead of Ext.P9 award the parties would be governed by Annexure-A settlement in respect of the service benefits of the 3rd respondent. S. SIRI JAGAN, JUDGE Acd