IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WA.No. 933 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29064/2006 Dated 07/04/2011 .................... APPELLANT(S)/PETITIONERS 1 TO 6, 8 & 9 IN WP: -------------- 1. ABDUL KADER T.A,SEMISKILLED LABOURER, TOKEN NO.278,TRACO CABLE CO. LTD., IRUMPANAM. 2. P.K.NAZAR, SKILLED LABOURER GRADE III, TOKEN NO.304,TRACO CABLE CO. LTD., IRUMPANAM. 3. T.M.SALIM, SKILLED LABOURER GRADE II, TOKEN NO.320,TRACO CABLE CO. LTD., IRUMPANAM 4. M.V.NAISON, SKILLED LABOURER GRADE III, TOKEN NO.271,TRACO CABLE CO. LTD., IRUMPANAM. 5. E.S.ABDUL NAZAR,SEMISKILLED LABOURER, TOKEN NO.296,TRACO CABLE CO. LTD., IRUMPANAM 6. P.S.VIJAYAKUMAR, SEMISKILLED LABOURER, TOKEN NO.423,TRACO CABLE CO. LTD., IRUMPANAM 7. P.P.AVARACHAN, SKILLED LABOURER GRADE III, TOKEN NO.270, TRACO CABLE CO. LTD., IRUMPANAM. 8. ANIYAN SANKARAN, SKILLED LABOURER GRADE III,TOKEN NO.272, TRACO CABLE CO. LTD., IRUMPANAM. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE SRI.K.G.RAJEESH RESPONDENT(S)/RESPONDENTS & PETITIONER NO.7: --------------- 1. THE TRACO CABLE CO. LTD., REP. BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-682 036. 2. THE MANAGING DIRECTOR, TRACO CABLE CO. LTD.,REGISTERED OFFICE, KSHB OFFICE COMPLEX,PANAMPILLY NAGAR, KOCHI-682 036. 3. THE MANAGER (P&A), TRACO CABLE CO. LTD., REGISTERED OFFICE,KSHB OFFICE COMPLEX, PANAMPILLY NAGAR,KOCHI-682 036. 4. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, SECRETRIAT, THIRUVANATHAPURAM-695 001. 5. THE TRACO CABLE COMPANY LTD EMPLOYEES' ASSOCIATION, INTUC, REPRESENTED BY ITS SECRETARY, IRUMPANAM-682 309. 6. THE TRACO CABLE COMPANY LTD EMPLOYEES' UNION, CITU, REPRESENTED BY ITS SECRETARY, IRUMPANAM-682 309. 7. THE TRACO CABLE COMPANY LTD EMPLOYEES' UNION,AITUC,REPRESENTED BY ITS SECRETARY, IRUMPANAM-682 309. 8. THE TRACO CABLE COMPANY STAFF AND WORKERS' ORGANIZATION, STU, REPRESENTED BY ITS SECRETARY,IRUMPANAM-682 309. 9. GEORGE THOMAS, SKILLED LABOURER GR-III, TOKEN NO.291,TRACO CABLE COMPANY LTD, IRUMPANAM (DIED) 682 309. ADV. SRI.E.K.NANDAKUMAR FOR R1-3 SRI.A.K.JAYASANKAR NAMBIAR FOR R1-3 SRI.P.GOPINATH FOR R1-3 SRI.RAJESH NAIR R6 TO R7 BY GOVT.PLEADER SRI.V.T.K.MOHANAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.A.No.933 OF 2011 in W.P.(C) No.29064 of 2006 ------------------------ Dated this the 18th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. We have heard Sri.K.Ramkumar learned senior counsel for the appellants and Sri. E.K.Nanda Kumar learned counsel for the respondents 1 to 3. The issue that became contentious before us is whether the new settlement referred to in the judgment of the learned Single Judge replaces Ext.P1 settlement. The learned Single Judge has taken the view that new settlement replaces Ext.P1 settlement. A reading of paragraph 3 of the judgment of the learned Single Judge will show that the above view is taken by the learned Single Judge on the basis of agreement by all the parties. 2. Sri.Ramkumar senior counsel would read over to us clause 3.3. of the earlier settlement and would vehemently argue that Ext.P1 settlement and the present settlement operate in two different fields. We are not inclined to consider the merits of W.A.No.933/2011 2 the above arguments now as we find that the view taken by the learned Single Judge is on the basis of agreement at the Bar. According to us, the remedy for the appellants lies in the form of review before the learned Single Judge itself. We relegate the appellants to that remedy and dispose of the writ appeal accordingly. The merits of the grounds raised in this appeal are left open. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk