IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WA.No. 222 of 2006(C) -------------------------------- AGAINST THE JUDGEMENT IN WPC.33022/2004 Dated 23/12/2005 .................... APPELLANT/ PETITIONER --------------------------------------- BANK OF INDIA, REPRESENTED BY THE ZONAL MANAGER, KALOOR TOWERS, KALOOR-17. BY ADV. SRI.M.P.R.NAIR (SR) & SRI.DEVAN RAMACHANDRAN RESPONDENTS / RESPONDENTS: ------------------------------------------------ 1. P.S.EASANAN, VAZHAPARAMBU MANA, KARUMALLOOR P.O., ERNAKULAM DISTRICT. 2. CENTRAL GOVERNMENT LABOUR COURT, ERNAKULAM. R1 BY ADV. SRI .A.JAYASANKAR & SRI. MANU GOVIND THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 222 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2008 Judgment H.L. Dattu, C. J: This appeal is directed against the orders passed by the learned single Judge in W.P(C) No. 33022/2004. By the impugned order the learned Judge has modified the award passed by the Central Government Labour Court, Ernakulam in I.D.No.6 of 1993 dated 31/8/2004 by directing the appellant-Bank to reinstate the workman into service with one-half of the backwages from the date of dismissal till the date of payment. 2. The matter was heard at length by us. After going through the charges framed and the explanations offered by the respondent-workman in Ext.P3 dated 31st August 1979, we had thought it fit that the lis between the parties can be amicably settled. Therefore we had directed the learned counsels appearing for the parties to explore the possibility of the settlement of the lis. 3. As usual, Sri. Devan Ramachandran, after getting appropriate instructions from his client would fairly submit before us, that, the appellant-Bank is ready and willing to reinstate the respondent-workman into service with continuity of service but without backwages or in the alternative the respondent-workman may accept a sum of Rs.12 lakhs in full and final settlement WA.222/2006 2 of his claim from the appellant-Bank. 4. Learned counsel Sri.Jayasanker appearing for the respondent-workman fairly submits that the workman is willing to accept the first suggestion made by Sri.Devan Ramachandran, learned counsel appearing for the appellant. 5. In view of the understanding between the parties, in our opinion, it may not be necessary for us to go into the correctness or otherwise of the award passed by the Labour Court in I.D.No.6 of 1993 or the orders passed by the learned single Judge in W.P(c) 33022/2004. 6. The lis between the parties is going on for the last three decades. The respondent-workman is fighting the litigation by spending the money from his pocket. In our view, atleast the cost of the litigation should be ordered to be paid by the appellant-Bank to the respondent-workman. 7. In that view of the matter we pass the following: Order (i) Writ Appeal is disposed of without going into the correctness or otherwise of the orders passed by the Central Government Labour Court, Ernakulam in I.D.No.6 of 1993 dated 31/8/2004 and the orders passed by the learned single Judge in WP(c) 33022/2004 dated 23/12/2005 (ii) The appellant-Bank shall reinstate the respondent-workman into service within 15 days from today, with all service benefits. WA.222/2006 3 (iii) The appellant Bank is directed to pay a sum of Rs.25,000/- as costs to the respondent-workman. (iv) We place on record our deep appreciation to the efforts made by both the learned counsels appearing for the parties to the lis to sort out the lis between themselves very amicably . Ordered accordingly. H.L. DATTU Chef Justice A.K. BASHEER Judge an/dk.