P.Balachandran v. Labour Court,Kollam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 WP(C).No. 6014 of 2005 (N) --------------------------- PETITIONER(S):
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1. P.BALACHANDRAN, CONTRACTOR (LICENSEE), T.S.NO.5 (OLD NO.10) (THRIKKANNUMANGALAM, KOTTARAKKARA RANGE) RESIDING AT ATHIKUTTUPUTHEN VEEDU, KALLUMTHAZHAM KILIKOLLOOR P.O., KOLLAM.
2. SAJIMON, CONTRACTOR (LICENSEE) T.S.NO.54 (OLD NO.10) (THRIKKANNUMANGALAM, KOTTARAKKARA RANGE) RESIDING AT KULATINKKARA PUTHEN VEEDU, PEROOR CHERRY KOTTAMKARA, KOLLAM, T.K.M. COLLEGE P.O.
BY ADVS.SRI.B.MOHANLAL SMT.MEREENA JOSEPH RESPONDENT(S):
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1. THE LABOUR COURT, KOLLAM.
2. B.SARASAN, S/O. BHASKARAN, KUNNUVILA VEEDU, KUNNATHOOR, KOLLAM.
R2 BY ADV. SMT.S.K.DEVI ADV. SRI.SANTHOSH P.ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6014 of 2005 (N) APPENDIX PETITIONER'S EXHIBITS:
EXT. P1:
TRUE COPY OF THE COMMUNICATION DATED 19.02.2001 AND RECEIPT OF PAYMENT OF RS.89,631/- EXT. P2:
TRUE COPY OF THE APPLICATION, C.P.NO.114/2001 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.
EXT. P3:
TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITONER BEFORE THE 1ST RESPONDENT DATED 23.12.2002.
EXT. P4:
TRUE COPY OF THE ORDER IN C.P.NO.114/2001 DATED 07.11.2004 OF LABOUR COURT, KOLLAM.
RESPONDENT'S EXHIBITS:
EXT. R2 (A):
TRUE COPY OF THE CMP NO.95/2002 AND AFFIDAVIT FILED BY THE PETITONER.
EXT. R2 (B):
TRUE COPY OF THE CMP NO.407/2002 DATED 17.12.2002 AND AFFIDAVIT FILED BY THE PETITONER.
EXT. R2 (C):
TRUE COPY OF THE CMP NO.88/2004 DATED 30.06.2004 AND AFFIDAVIT FILED BY THE PETITIONER.
EXT. R2 (D):
TRUE COPY OF THE DEMAND NOTICE DATED 27.04.01 SEND BY THE 2ND RESPONDENT THROUGH HIS LAWYER.
//TRUE COPY// P.A. TO JUDGE STK
A.M.SHAFFIQUE, J.
------------------------------------------------------------ W.P.(C)No.6014 of 2005 ------------------------------------------------------------ Dated this the 23rd day of June, 2015
JUDGMENT
It is submitted by both the parties appearing in the above case that after mediation, the matter has been settled and the agreement has been executed between the parties in terms of Section 89 of the Code of Civil Procedure. As per the terms of the settlement, the parties agreed to settle the entire issues covered by Ext.P4 award by paying an amount of 25,000/- in installments. By virtue of the ₹ settlement, the award amount stands reduced to 25,000/-. In the ₹ said circumstances, this Writ Petition can be disposed of taking on record the memorandum of settlement executed between the parties. It is made clear that the terms of settlement shall override the provisions of Ext.P4 order passed by the Labour Court. With the above observations, this Writ Petition is closed. Sd/- A.M.SHAFFIQUE JUDGE rkj //TRUE COPY// P.A. TO JUDGE