IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 16027 of 2010(C) ---------------------- PETITIONER : -------------------- - M/S.OUTLOOK PUBLISHING (INDIA) PRIVATE LIMITED HEAD OFFICE: AB-10 SAFDARJUNG ENCLAVE NEW DELHI 110 029, THROUGH ITS AUTHORISED SIGNATORY SHRI.D.R.WADHWA. BY ADVS. SRI. A.J. BHAMBHANI, SR SRI. R. SUNIL KUMAR SMT. A. SALINI LAL RESPONDENT : ----------------------- SHRI. VENU MENON, 2 PRINCETON PARADE, ALBANY, AUCKLAND NEW ZEALAND. ALSO AT: 73 PTP NAGAR, THIRUVANANTHAPURAM KERALA 695 038, INDIA. BY ADVS. SRI. BOBBY MATHEW SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 16027 of 2010(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE IMPUGNED AWARD DATED 3/8/09. EXT.P2 : PHOTOCOPY OF THE ORDER DATED 27/6/03 MADE BY THE HON'BLE BOMBAY HIGH COURT ALONG WITH THE SCHEME ARRANGEMENT. EXT.P3 : PHOTOCOPY OF THE BOARD RESOLUTION DATED 12/2/10. EXT.P4 : PHOTOCOPY OF THE LETTER DATED 1/10/2009 ALOGN WITH ENVELOPE. EXT.P5 : PHOTOCOPY OF THE APPOINTMENT LETTER DATED 2/6/97. EXT.P6 : PHOTOCOPY OF THE TERMINATION NOTICE DATED 29/9/01. EXT.P7 : PHOTOCOPY OF THE DEMAND DRAFT DATED 18/12/01. EXT.P8 : PHOTOCOPY OF THE CLAIM STATEMENT DATED 9/7/03 FILED BY THE RESPONDENT BEFORE THE INDUSTRIAL TRIBUNAL DISPUTE TRIBUNAL KOLLAM, KERALA. EXT.P9 : PHOTOCOPY OF THE WRITTEN STATEMENT DATED 20/4/04 FILED BY THE PETITIONER. EXT.P10 : PHOTOCOPY OF THE AFFIDAVIT DATED 12/8/09. EXT.P11 : PHOTOCOPIES OF LETTERS DATED 17/2/10 & 25/2/10 SENT BY THE RESPONDENT. EXT.P12 : PHOTOCOPY OF LETTER DTD. 17/3/10. EXT.P13 PHOTOCOPY OF THE RESPONDENT'S EXAMINATION IN CHIEF CONDUCTED ON 4/4/06 AND CROSS EXAMINATION CONDUCTED ON 6/6/06. EXT.P14 PHOTOCOPY OF BOARD RESOLUTION DATED 17/9/01. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.16027 of 2010 ------------------------------- Dated this the 22nd day of August, 2011 J U D G M E N T Ext.P1 award passed by the Industrial Tribunal, Kollam in I.D.No.1 of 2003 whereby the Industrial Tribunal directed the reinstatement of the respondent in service with 50% backwages and continuity of service is under challenge in this writ petition. When this writ petition came up for hearing on 11.7.2011, taking note of the submission made by the learned counsel on both sides, this Court directed the representative of the petitioner and the respondent to be present before the Kerala Mediation Centre at 10.15 a.m. on 18.7.2011. 2. When the writ petition came up for hearing today, learned counsel appearing on both sides submitted that parties have settled their disputes and that they have subscribed their signatures to a memorandum of settlement dated 5.8.2011. It is stated that as per the terms of the settlement, the petitioner has to pay the sum of Rs.6,30,000/- to the respondent on or before 22.8.2011 towards full and final settlement of the respondent's claim under Ext.P1 award. The learned counsel for the petitioner submitted that he has brought a demand draft dated 19.8.2011 for the sum of Rs.6,30,000/- drawn on W.P.(C) No.16027 of 2010 2 the Vijaya Bank Ltd. in favour of the respondent. In open Court, learned counsel for the petitioner handed over the said demand draft to the learned counsel appearing for the respondent and the learned counsel appearing for the respondent received the same on behalf of the respondent. 3. The learned counsel on both sides submitted that besides the payment of the sum of Rs.6,30,000/-, the parties have also agreed to withdraw all civil and criminal cases, and that in view of the said agreement, the respondent will have to withdraw C.P.No.11 of 2010 filed by him in I.D.No.1 of 2003 on the file of the Industrial Tribunal, Kollam and that a criminal complant filed by the petitioner against the respondent which is the subject matter of Crl.M.C.No.2245 of 2008 will also have to be disposed of in terms of the compromise. The learned counsel for the respondent submitted that the respondent will withdraw C.P.No.11 of 2010 in I.D.No.1 of 2003 in view of the payment of Rs.6,30,000/- today and as agreed upon by the parties. The learned counsel appearing for the petitioner submitted that Crl.M.C.No.2245 of 2008 filed by the respondent to quash a criminal complaint filed by the petitioner which is pending in this Court may be directed to be posted for hearing, so that in view of the settlement arrived at between the parties, the said case also can be disposed of. W.P.(C) No.16027 of 2010 3 4. The learned counsel on both sides also submitted that in terms of the settlement arrived at between the parties, the respondent has already applied for payment of the amount standing to his credit in his provident fund account and that the petitioner has also forwarded the application to the concerned authority. The said submission is also recorded. 5. In the light of the settlement arrived at between the parties, the writ petition is disposed of as settled out of court recording the memorandum of settlement dated 5.8.2011 arrived at between the parties. The rights of the parties shall stand governed by the memorandum of settlement dated 5.8.2011, a copy of which shall be appended to this judgment. In view of the settlement arrived at between the parties, the Registry is directed to post Crl.M.C.No.2245 of 2008 as per roster on 24.8.2011 along with Judges' papers in this writ petition. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.16027 of 2010 JUDGMENT Dated:- 22nd August, 2011 --------------------------------------