IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 33169 of 2006(W) -------------------------- ID.98/1992 of LABOUR COURT, ERNAKULAM .................... PETITIONER: --------------- THE OCHANTHURUTHU SERVICE CO-OP. BANK LTD.NO.72, REP. BY ITS SECRETARY, OCHANTHURUTH P.O., KOCHI-682 508. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY RESPONDENTS: ----------------------- 1. THE PRESIDING OFFICER, LABOUR COURT, ERNAKULAM. 2. METTILDA ANTONY, PATHISSERY HOUSE, OACHANTHURUTH P.O., KOCHI-682 508. BY SRI.A.JAYASANKAR SRI.C.ANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 33169/06 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER NO.CRP/2478/85 DT. 31.7.1985 ISSUED BY ASSISTANT REGISTRAR OF COOP. SOCIETIES (GENERAL), KOCHI TO PETITIONER. EXT.P2: COPY OF CHARTER OF DEMANDS DT. 21.6.1991 SUBMITTED BY SECOND RESPONDENT TO DEPUTY LABOUR OFFICER, KOCHI. EXT.P3: COPY OF STATEMENT OF CLAIMS DT. 3.7.1992 FILED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT EXT.P4: COPY OF WRITTEN STATEMENT DT. 11.11.1993 FILED BY PETITIONER BEFORE 1ST RESPONDENT EXT.P5: COPY OF AWARD DT. 31.5.2006 PASSED BY 1ST RESPONDENT IN I.D. NO.98 OF 1992 PA TO JUDGE /TRUE COPY/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33169 OF 2006 -------------------------- Dated this the 19th day of January, 2010 J U D G M E N T Ext.P5 award passed by the Labour Court, Ernakulam, is under challenge in this writ petition filed by the employer. Pursuant to the order passed by this Court on 8.1.2010 and 12.1.2010, the Secretary and President of the petitioner society and the second respondent worker appeared before the Kerala Mediation Centre, Niyamasahaya Bhavan, High Court of Kerala. After mediation, the dispute was settled out of court. Sri. P.M. Mohammad Shiraz, the Mediator who conducted the mediation has filed a report dated 12.1.2010 enclosing along with it the settlement in writing signed by the parties. As per the settlement, the second respondent has agreed to receive the sum of Rs.75,000/- as compensation in lieu of reinstatement in service as directed in Ext.P5 award and other benefits flowing therefrom. It was also agreed that upon the said sum of Rs.75,000/- being paid before 18.1.2010, the second respondent will have no further claims against the petitioner. 2. The learned counsel appearing on both sides submitted that as agreed to in the mediation, the sum of Rs.75,000/- has been W.P.(C) No. 33169/06 2 paid to the second respondent and that the writ petition may be disposed of in terms of the settlement arrived at between the parties. I accordingly dispose of this writ petition, with a direction that the rights of parties shall be governed by the settlement arrived on 12.1.2010. The petitioner bank shall deposit the sum of Rs.5,000/- in the Kerala Mediation Centre, Niyamasahaya Bhavan, High Court of Kerala, within one month from today towards payment of fee to the Mediator. P.N.RAVINDRAN, JUDGE vps