IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 OP.No. 20459 of 2001(I) ----------------------- PETITIONER(S): --------------- M/S. MADURA COATS LTD., 144, M.G.ROAD, BANGALORE - 560 001 REPRESENTED BY ITS PERSONNEL DIRECTOR, MR. M. SUBRAMANIAN. BY ADV. SRI.E.K.NANDAKUMAR RESPONDENT(S): --------------- 1. THE LABOUR COURT, ERNAKULAM 2. A.S.JOY XAVIER, AMBATTU HOUSE, CHENNUR, KOTHAD P.O., VARAPUZHA BY ADV. SRI.P.F.THOMAS, SENIOR ADVOCATE SRI.SUNIL THOMAS SRI.SHIJU VARGHEESE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 20459 of 2001(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE AWARD PASSED BY THE LABOUR COURT DATED 14.5.91 PUBLISHED IN KERALA GAZETTEE NO. 9 DATED 31.3.92. EXT.P2 - TRUE COPY OF THE JUDGMENT OF THE HON'BLE COURT IN W.A. NO. 663/92. EXT.P3 - TRUE COPY OF THE PETITION FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.P4 - TRUE COPY OF THE MEMORANDUM OF SETTLEMENT BETWEEN THE PETITIONER AND THE UNIONS DATED 15.2.96. EXT.P5 - TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.P6 - TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER TO THE AFFIDAVIT FILED BY THE WORKMAN. EXT.P7 - TRUE COPY OF THE PETITION AND SUPPORTING AFFIDAVIT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8 - TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.P9 - TRUE COPY OF THE AWARD OF THE LABOUR COURT DATED 30.6.2000 PUBLISHED IN THE KERALA GAZETTEE NO. 44 DATED 7.11.2000. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... O.P. No. 20459 of 2001 ................................................. Dated this the 12th day of October, 2009 J U D G M E N T The petitioner is the management in I.D.No. 3 of 1988 before the Labour Court, Ernakulam. They are challenging Ext.P9 award. In that I.D., by which, the 2nd respondent herein was directed to be reinstated in service with full backwages, continuity of service and other attendant benefits. After arguing for sometime, on a suggestion made by the court, the parties agreed to settle the matter by paying a lumpsum amount as compensation to the 2nd respondent. They now agree on an amount of Rs.50,000/- in full and final settlement of all claims of the 2nd respondent as per Ext.P9 award. Accordingly, this writ petition is disposed of in terms of the said settlement. Hence I declare that the parties would be governed by the said settlement instead of Ext.P9 award. The amount as agreed above shall be paid within one month from today, failing which the petitioner would pay to the 2nd respondent interest at the rate of 9% from the date of the award till payment. S. SIRI JAGAN, JUDGE rhs