IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 28756 of 2005(W) -------------------------- PETITIONER(S): --------------- THE REGIONAL MANAGER, CENTRAL BANK OF INDIA, REGIONAL OFFICE, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.SIDHARTHAN SRI.ELDHOSE M.VARGHESE RESPONDENT(S): --------------- 1. V.CHRISTOPHER, T.C.NO.44/418, VALIYATHURA, VALLAKKADAVU, THIRUVANANTHAPURAM. 2. THE INDUSTRIAL TRIBUNAL, ALAPPUZHA. ADV. SRI.H.B.SHENOY FOR R1 SRI.B.ASHOK SHENOY FOR R1 GOVT. PLEADER SMT.K.R.DEEPA-R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON 21/01/2010 DELIVERED THE FOLLOWING: W.P.C.NO.28756 OF 2005 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the claim statement filed by the 1st respondent before the 2nd respondent in I.D.No.9/98. Ext.P2: True copy of the reply statement filed by the petitioner before the 2nd respondent in I.D.No.9/98. Ext.P3: True copy of the award dated 19.07.2000 passed by the 2nd respondent together with notification dated 14.08.2000 issued by the Under Secretary, Ministry of Labour, Government of India. Ext.P4: True copy of the judgment dated 16.06.2004 in O.P.No.30611/2000 of the High Court of Kerala. Ext.P5: True copy of the judgment dated 13.09.2004 in W.A.No.1544/04 of the High Court of Kerala. Ext.P6: True copy of the statement marked as M-2 in I.D.9/98. Ext.P7: True copy of the award dated 02.05.2005(C) passed by the 2nd respondent in I.D.9/98. along with the true copy of the notification dated 1.6.2005 issued by the Under Secretary, Ministry of Labour, Government of India. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 28756 OF 2005 -------------------------------------------- Dated this the 21st day of January, 2010 JUDGMENT The petitioner and the first respondent herein were respectively the Management-Bank and the workman in I.D. No. 9 of 1998 before the Industrial Tribunal, Alappuzha. The Writ Petition is filed by the Management, challenging Ext.P7 award passed by the Tribunal holding that the first respondent is entitled to get absorbed into the services of the petitioner-Bank, without any test or interview in any of the earliest vacancies that arose in 1993 or subsequently and that he is entitled to monetary benefits from the date of passing of the award. Consequently, a direction was issued to give him posting as Peon with retrospective effect from the date on which similarly placed workman who satisfied the condition in Clause 3:1 in Circular dated 12.3.1991 was absorbed in service. 2. When the matter was taken up for final hearing, both parties vehemently argued in support of their respective contentions raised in W.P.(C) NO. 28756/2005 2 their pleadings. However, on conclusion of the arguments, the learned counsel appearing for the parties sought for some time to make a last ditch effort to settle the dispute between the parties amicably. 3. Now, a statement has been filed by the writ petitioner to the effect that in view of the willingness expressed by the first respondent that he will not insist for any backwages or other service benefits by virtue of his previous temporary service, in case he is given an appointment as Peon, as has been given to Smt. Vimala Bai, the second respondent in W.A. No.1422 of 2008, the Management is prepared to extend the same benefit to the first respondent. According to the learned counsel appearing for the parties, the said offer and acceptance have been duly acknowledged by the parties. 4. The gesture of concession shown by the parties is laudable and it makes the consideration of the relevant contentions and correctness of Ext.P7 award wholly unnecessary. In the circumstances, it is ordered as hereunder: i. The petitioner-Bank shall issue a fresh order of appointment to the first respondent, as a fresh entrant, to the post of Peon within a W.P.(C) NO. 28756/2005 3 period of one week from the date of receipt of a copy of this judgment. ii. The first respondent may join the Bank as Peon immediately on receipt of such an order of appointment. iii.The first respondent-workman will not be entitled to claim either backwages or any other service benefits by virtue of his previous temporary service under the petitioner-Bank, in case he joins duty pursuant to the receipt of order of appointment. iv.The petitioner-Bank shall not recover any payment made to the first respondent during the pendency of the Writ Petition. The Writ Petition is disposed of as above. Before parting with the case, it is only apposite and appropriate to place on record my deep appreciation for the efforts made by Sri. V.V. Sidharthan, learned counsel for the petitioner-Bank and Sri. H.B. Shenoy, learned counsel for the first respondent-workman in amicably settling the dispute, which would have otherwise gone on for another decade. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 28756/2005 4 C.T. RAVIKUMAR, J. W.P.(C) NO. 28756/2005 JUDGMENT 21st January, 2010 W.P.(C) NO. 28756/2005 5