IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WA.No. 1663 of 2009() --------------------- AGAINST THE JUDGEMENTIN OP.3730/2003 Dated 11/06/2009 .................... APPELLANT(S): RESPONDENTS 1 &2 IN OP ------------------------------------ 1. THE PRESIDENT, PEROORKADA SERVICE CO-OPERATIVE BANK LTD., PEROORKADA, THIRUVANANTHAPURAM. 2. THE SECRETARY, PEROORKADA SERVICE CO-OPERATIVE BANK LTD., PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): PETITIONER/RESPONDENT NO.3 ----------------------------------------- 1. S.AJAYAKUMAR, PARAMBUVATHUKKAL, VAZHAYILA, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. 2. THE INDUSTRIAL TRIBUNAL, KOLLAM. BY ADV SRI. THALIYIL R. GOPAKUMAR -R1 GOVT. PLEADER SMT. A.G. ANEETHA -R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1663 OF 2009 --------------------------------------------- Dated this the 17th day of September, 2009 JUDGMENT Kurian Joseph, J. This is an appeal filed against the judgment dated 11.6.2009 in O.P. No.3730 of 2003. The issue pertains to a dispute between a workman and a Co-operative Bank. The learned Single Judge allowed the Writ Petition field by the workman, challenging the award of the Industrial Tribunal, Kollam, with a direction to reinstate the workman in service with backwages. 2. When the matter came up before us, we directed the parties to make an attempt for mediation settlement. We are happy to note that the parties have arrived at a settlement. A memorandum of settlement has been produced by the learned Mediator along with the report dated 19.8.2009. The learned counsel for the appellants submits that the terms of settlement will be honoured forthwith. W.A. NO. 1663/2009 2 3. Accordingly, the Writ Appeal is disposed of in terms of the memorandum of agreement dated 19.8.2009. The said agreement shall form part of the judgment. In that view of the matter, the judgment of the learned Single Judge is set aside. The award of the Industrial Tribunal, Kollam is also set aside. The appellants will pay Rs.2,500/- to the learned Mediator, Adv. Smt. G. Krishnakumari, towards remuneration. Incidently, we make special mention that this a classic success of A.D.R. Mechanism. The dispute in this case originated in 1984. But for this attempt for settlement, probably the litigation would have continued for another one decade. Therefore, we are only happy to make note of the appreciation and relief of the parties expressed vociferously in open court and in turn record our appreciation for the co-operation extended by the parties and their counsel. We also record our appreciation for the earnest efforts taken by the learned Mediator. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1663/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.1663/2009 JUDGMENT 17th September, 2009 W.A. NO. 1663/2009 4