Kerala High Court
The Board Of Directors Of The ... vs V.Bhargavan Pillai on 10 March, 2021
WA 399/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday,the 10th day of March 2021/19th Phalguna, 1942
WA No.399/2021
For information--- purpose only
Against Judgment dated 04-12-2020 in WP(C) No.33613/2019 of this Court.
APPELLANTS/PETITIONERS:
1. THE BOARD OF DIRECTORS OF THE CHAYAM SERVICE CO-OPERATIVE BANK
LTD. NO.1514,REPRESENTED BY ITS PRESIDENT,
CHETTACHAL.P.O, THIRUVANANTHAPURAM, PIN-695551.
2. THE CHAYAM SERVICE CO-OPERATIVE BANK LTD.NO.1514,
REPRESENTED BY ITS SECRETARY-IN-CHARGE,
CHETTACHAL.P.O,THIRUVANANTHAPURAM-695551.
BY ADVS. M/S.T.R.HARIKUMAR & ADITHYA RAJEEV
RESPONDENT/RESPONDENT:
V.BHARGAVAN PILLAI,ASWATHY,MARUTHUMOODU,
CHETTACHAL.P.O, THIRUVANANTHAPURAM-695551.
BY ADV. SRI.K.B.PRADEEP
This Writ Appeal coming on for orders along with connected cases on 10.03.2021
upon perusing the appeal memorandum, the court on the same day passed the
following:-
P.T.O.
ALEXANDER THOMAS & K.BABU, JJ.
------------------------------------
W.A.No.396 of 2021
[arising out of the judgment dated 04.12.2020 in WP(C) No.26473 of 2019],
W.A.No.399 of 2021
For information purpose only
[arising out of the judgment dated 04.12.2020 in WP(C) No.33613 of 2019]
&
W.A.No.473 of 2021
[arising out of the judgment dated 04.12.2020 in WP(C) No.33613 of 2019]
------------------------------------
Dated this the 10th day of March, 2021
ORDER
Writ appeals, W.A.Nos.396 & 399 of 2021 have been filed by the
employer, the Chayam Service Co-operative Bank Ltd.No.1514
impugning the order of the Arbitrator as substantially confirmed by
the Co-operative Appellate Tribunal. Whereas W.A.No.473 of 2021
has been filed by the affected delinquent employee concerned
challenging the very same orders to the extent that certain directions
have not been granted in those orders.
2. Today when the matters have been taken up for
consideration, both Sri.T.R.Harikumar, learned counsel appearing for
the appellant - Service Co-operative Bank Ltd. in W.A.Nos.396 & 399
of 2021 and Sri.K.B.Pradeep, learned counsel appearing for the
retired employee/appellant in W.A.No.473 of 2021 would submit that
both sides are sincerely interested to settle all their outstanding
W.A.No.396 of 2021,
W.A.No.399 of 2021 &
W.A.No.473 of 2021
disputes through mediation process instead of prolonging the litigative
proceedings any further, etc. and that both parties may be referred to the
For information purpose only
Mediation Centre attached to this Court on 15.03.2021 (Monday) itself .
3. From the pleadings and materials on record it appears that a
long drawn out litigative war has been going on between the rival parties
for quite some time. So it is also indeed heartening to note that widwom
appears to have dawned at least belatedly to both the rival parties and we
hope and expect that both of them would sincerely try to settle all their
disputes through the mediation process instead of again compelling this
Court to devote time for this litigative exercise, when other serious
matters should be engaging our attention.
4. Accordingly with the consent of both sides, it is ordered that
the President and Secretary of the Chayam Service Co-operative Bank
Ltd.No.1514 (appellants in W.A.Nos.396 and 399 of 2021) as well as
retired employee concerned (appellant in W.A.No.473 of 2021) shall be
personally present before the Nodal Officer of the Mediation Centre
attached to this Court at Ernakulam on 15.03.2021 (Monday) at 10.00
a.m., upon which the parties shall be referred to a mediator on the same
day, who may endeavour to commence the mediation process forthwith
and may also take earnest steps possible under the circumstances to
W.A.No.396 of 2021,
W.A.No.399 of 2021 &
W.A.No.473 of 2021
ensure that the mediation process is completed within one week or so, if it
is feasible. The Mediation Centre may submit report on the outcome of
For information purpose only
the mediation process, immediately after the conclusion of the mediation
process and in case both parties agree to settle the disputes, the
Mediation Centre will ensure that the necessary memorandum of
mediation settlement agreement may be drawn up and signed by the
parties concerned and a copy of the memorandum of the said settlement,
if arrived at, may also be forwarded along with the report of the Mediation
Centre.
We have indicated the short time frame of one week in view of the
specific submission to that effect made by the learned Advocates
appearing for both sides, who have also pointed out that this Court may
formally post this case on 19.03.2021.
List the appeals in the admission list on 19.03.2021.
Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
K.BABU, JUDGE
SCS
/true copy/ Sd/- ASSISTANT REGISTRAR
