Disposed

Reshmi Rajan v. the Secretary, Kerala Private Hospital Employees Congress

Kerala HC4 Jan 2024OP(LC)/27/2016

Case brief

AI extract

What is this about?

Challenge to a Labour Court award directing reinstatement of workmen was settled in mediation between the parties; the institution no longer functioning, the court closed the petition holding parties governed by the mediation agreement rather than the impugned award.

What did the court decide?

Petition closed; parties to be governed by mediation agreement terms in place of the Labour Court award.

Reshmi Rajan Vs the Secretary, Kerala Private… — Labour and Industrial Disputes | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
OP(LC) NO. 27 OF 2016

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AGAINST THE ORDER/JUDGMENT ID 52/2011 OF LABOUR COURT, KOLLAM

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PETITIONER/S:

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RESHMI RAJAN, AGED 36 YEARS, D/O.RAJAN S, AGED 36
YEARS, "RESMI", PADANAYARKULANGARA SOUTH,
KARUNAGAPILLY P.O., KOLLAM.690 518.
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
SMT.UMMUL FIDA

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RESPONDENT/S:

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1THE SECRETARY, KERALA PRIVATE HOSPITAL EMPLOYEES
CONGRESS
KERALA PRIVATE HOSPITAL EMPLOYEES CONGRESS,DISTRICT
CONGRESS COMMITTEE OFFICE,KOLLAM.691 001.
2THE PROPRIETOR
UNITY ORTHOPEDIC CENTRE,HIGH SCHOOL JUNCTION,
KARUNAGAPPALLY,KOLLAM-690 518, THROUGH ITS
PROPRIETORAJITH S, RESIDING AT MALIYEKKAL HOUSE,PADA
NORTH,
 KARUNGAPPALLY, KOLLAM-690 518.
3THE LABOUR COURT
KOLLAM, REPRESENTED BY ITS SECRETARY.691 001.
BY ADVS.
SRI.N.DHARMADAN (SR.)
SMT.D.P.RENU
SMT. RESHMI THOMAS, GP

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THIS OP (LABOUR COURT) HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(LC) NO. 27 OF 2016 2

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JUDGMENT

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When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for both sides that the issues between the petitioner and the 1^st respondent (Union-representing the workmen) have been settled in mediation.

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Learned counsel appearing for the petitioner would submit that since the institution of the petitioner is no longer functioning, the question of reinstating the workmen, as directed in the award, also does not arise.

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Learned counsel appearing for the 1^st respondent would submit that, on compliance with the terms of the mediation agreement, the matter can be treated as closed.

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Taking into consideration the submission of both sides, the Original Petition is closed, making it clear that the parties will now be governed by the terms of the mediation agreement and not by the terms of the impugned award, in Industrial Dispute No.52 of 2011 on the file of the Labour Court, Kollam.

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Sd/-

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GOPINATH P., JUDGE

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ajt

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OP(LC) NO. 27 OF 2016 3

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APPENDIX OF OP(LC) 27/2016

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PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE AWARD DATED 22.9.2015 IN
I.D.NO.52 OF 2011 PASSED BY THE LABOUR COURT,
KOLLAM.

Reshmi Rajan v. the Secretary, Kerala Private Hospital Employees Congress

Case brief

What is this about?

What did the court decide?

Reshmi Rajan v. the Secretary, Kerala Private Hospital Employees Congress

Case brief

What is this about?

What did the court decide?

What the court decided

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