IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 37233 of 2007(G) -------------------------- PETITIONER(S): --------------- THE PRESIDENT, KOTTARAKKARA PUBLIC WORKS SKILLED WORKERS LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.NO.Q.459, KOTTARAKKARA. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT(S): --------------- 1. SRI.T.SAJEEV, SUJATHA MANDIRAM, POCHANKONAM, EZHUKONE P.O., KOLLAM DISTRICT. 2. THE LABOUR COURT, KOLLAM. ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE FOR R1 GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 37233/2007 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE DTD.3.11.07. P2. COPY OF THE MEMO OF CHARGES DTD.25.1.03. P3. COPY OF THE ENQUIRY REPORT DTD.19.2.04. P4. COPY OF THE ORDER DTD.12.4.04 P5. COPY OF THE ORDER DTD.26.8.04. P6. COPY OF THE STATEMENT DTD.20.2.06. P7. COPY OF THE WRITTEN STATEMENT DTD.12.4.06. P7A. COPY OF THE WRITTEN STATEMENT DTD.12.4.06. P8. COPY OF THE PRELIMINARY ORDER DGTD.19.3.07 IN THE I.D. P9. COPY OF THE AWARD IN ID.NO.11/05 BEFORE THE LABOUR COURT, KOLLAM. P10. COPY OF THE PETITION AND AFFIDAVIT DTD.14.11.06. P11. COPY OF THE WITNESS DTD.13.2.07. P12. COPY OF THE DISCHARGE SUMMARY DTD.15.5.07. P13. COPY OF THE MEDICAL CERTIFICATE DTD.24.10.07. P14. COPY OF THE APPLICATION DTD.24.4.07 BY THE COUNSEL FOR THE MANAGEMENT. P15. COPY OF THE ORDER IN CMP NO.72/07 IN ID NO.11/2005 BEFORE THE LABUR COURT, KOLLAM. P16. COPY OF THE ENTIRE PROCEEDINGS OF R2 IN ID.NO.11/2005. P17. COPY OF THE JUDGMENT IN W.P.(C).No. 27254/03 OF THIS COURT. P18. COPY OF THE DECISION OF THE COMMITTEE DTD.12.2.05. P19. COPY OF THE RELEVANT EXTRACT OF THE AUDIT CERTIFICATE DTD.30.9.06. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 37233 of 2007 ================== Dated this the 16th day of June, 2011 J U D G M E N T This writ petition was filed by the management in I.D.No.11/ 2005, challenging Ext.P9 award passed in that I.D. by the Labour Court, Kollam, directing reinstatement of the 1st respondent herein, the justifiability of the dismissal of whom was the issue referred for adjudication in that I.D, with 25% back wages. After hearing both sides elaborately, the Court suggested to both parties that it is in the interests of both to see that the matter is settled by paying and accepting a lump sum amount as compensation to the first respondent. Now the parties have come to an agreement, by which, the petitioner- management has agreed to pay an amount of ` 2 lakhs as compensation to the 1st respondent and the 1st respondent has agreed to accept the said amount in full and final settlement of all his claims against the petitioner in the writ petition in lieu of all the benefits under the award. Accordingly, this writ petition is disposed of with the following directions: The said agreement will govern the parties instead of the directions in Ext.P9 award. The said amount of ` 2 lakhs shall be paid by the petitioner to the 1st respondent as follows:- The petitioner shall pay ` 75,000/- out of the ` 2 lakhs within one month. The balance w.p.c.37233/07 2 shall be paid within another two months. If the amounts are not paid on the due dates, the amounts would carry interest also at the rate of 9% till payment. The 1st respondent would also be entitled to move this Court for contempt of court , if the amounts are not paid to him. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge