Kerala High Court
Little Flower Hospital & Research ... vs Smt.Ammini Pappachan & Another on 12 January, 2023
IN THE EIIGH cOuRT OF RERALA AT I AK(7ILzng
PRESEm
THE HONOURABI.I MR. IJUSTICE P.V.K(JNHIKRIS]EINEN
THURSDAy, THE i2TH DAy Or ]ENunRy 2o23 / 22ND pOusHA, ig44
WP(C) NO. 28139 0F 2009
AGAINST THE ORDER/duD©ENTID 26/2006 0F IABOuR COURT, I EJCUIIEN
PETITIONER:
LITTLE FLOWER HOSPITAL & RESEARCH CENTRE
CENTRE,PB.NO.23, ANGAMALY-683572, REP.BY ITS DIRECTOR.
BY ADV SRI.PAULSON C.VARGHESE
RESpomELs :
1 SMT.Arm¢INI pAppACHAN
MALIEKKAL HOUSE, NEAR HOLY FAMILY GIRLS HIGH SCHOOL,
ANGAMALY-683 572
LABOUR COURT, ERNAKULAM.
BY ADVS.
SRI. BIJOY CHANDRAN
SRI.RAJESH NAIR -R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28139 0F 2009
P.V.I(UNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 28139 of 2009
----------------------------------------------
Dated this the 12th day of January, 2023
JUDGMENT
When this writ petition came up for consideration
on 03.11.2022, this Court referred the matter for
mediation. Now the Nodal officer, Ernakulam
Mediation Centre reported that the matter is settled
and a memorandum of settlement filed under Rule
24(2) of Civil Procedure (Alternative Dispute
Resolution) Rules, 2008 is also produced in which both
parties and their lawyers are signed. In the light of
the same, this writ petition can be closed recording the
memorandum of settlement.
Therefore, this writ petition is closed, recording
the memorandum of settlement filed under Rule 24(2)
of Civil Procedure (Alternative Dispute Resolution)
WP(C) NO. 28139 0F 2009
Rules, 2008 dated 20.12.2022. The memorandum of
settlement will be part of the judgment.
Sd/-
P.V.KUNHIKRISHNAN
DM
JUDGE
WP(C) NO. 28139 0F 2009
a±EEDlx OF wEitci 28139;2OQ2
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF HE FORM-2 APPLICATION
DATED 19.06.1979 BEFORE THE EMPLOYEES
PROVIDENT FUND SCHEME
EXHIBIT P2 TRUE COPY OF THE REVISED FORM OF
APPLICATION DATED 21.07.1998 BEFORE
EMPLOYEES PROVIDENT FUND SCHEME
EXHIBIT P3 TRUE COPY OF THE LETTER DATED
23. 8.2004 SUBMITTED THE FIRST
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE BAPTISM CERTIFICATE
DATED 3.10.2004 ISSUED BY ST.
GEORGE'S CHURCH, PARIYARAM
EXHIBIT P5 TRUE COPY OF THE CORRECTED BAPTISM
CERTIFICATE DT.3.10.04 ISSUED BY ST.
GEORGE'S CHURCH, PARIYARAM
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED
22.10.2004 ISSUED BY ST.GEORGE'S
FORANE CHURCH, ANGAMALY
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED
9.6.2005 ISSUE BY ST. ANOTONY'S
CHURCH, EDAKKUNNU, PADUVAPURAM. P. O
EXHIBIT P8 TRUE COPY OF THE PHOTOCOPY OF THE
CERTIFICATE DT. 9. 6. 05 HAVING
ENDORSEMENT
EXHIBIT P9 TRUE COPY OF THE EXTRACT OF FAMILY
REGISTER
EXHIBIT P9 (A) TRUE COPY OF THE EXTRACT OF THE
WP(C) NO. 28139 0F 2009
FAMILY REGISTER
EXHIBIT Plo TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 15.2.2005 ISSUED BY PUBLIC
HEALTH DEPARTMENT, ANGAMALY
EXHIBIT Pll TRUE COPY OF THE SETTLEMENT
MEMORANDUM CUM RECEIPT SIGNED BY THE
FIRST RESPONDENT/WORKMAN
EXHIBIT P12 TRUE COPY OF THE CLAIM STATEMENT
FILED BY THE FIRST RESPONDENT BEFORE
THE IABOUR COURT, EMAKULAM
EXHIBIT P13 TRUE COPY OF HE WRITTEN STATEMENT
FILED BY THE PETITIONER BEFORE THE
LABOUR COURT ERNAKULAM
EXHIBIT P14 TRUE COPY OF THE DEPOSITION 0F
WITNESS WWI
EXHIBIT P15 TRUE COPY OF THE DEPOSITION OF
WITNESS WW2
EXHIBIT P16 TRUE COPY OF THE DEPOSITION OF THE
WITNESS MWI
EXHIBIT P17 TRUE COPY OF THE BAPTISM CERTIFICATE
DATED 25.02.2006, ISSUED BY ST.
GEORGE ' S CHURCH PARIYARAM
EXHIBIT P18 TRUE COPY OF THE BAPTISM CERTIFICATE
DATED 17.03.2006, ISSUED BY ST.
GEORGE ' S CHURCH PARIYARAM
EXHIBIT P19 TRUE COPY OF THE IA.NO. 297/08 FILED
BY THE PETITIONER BEFORE THE SECOND
RESPONDENT LABOUR COURT
EXHIBIT P20 TRUE COPY OF THE ORDER DATED
05.11.2008, IA.NO. 297/08, PASSED BY
SECOND RESPONDENT/ LABOUR COURT.
EXHIBIT P21 TRUE COPY OF THE AWARD DATED
20.05.2009, IN ID.NO. 26/06, PASSED
WP(C) NO. 28139 0F 2009
BY SECOND RESPONDENT LABOUR COURT,
ERNAKULAM.
RESPONDENTS EXHIBITS : NIL
/ /T:HJIJE. Cf}rp¥ / / PA TO JUDGE
IN THE HON'BLE HIGH COURT OF KEIIALA AT ERNAKULAM
W.P.(C). No.28139 of 2009
Little Flower Hospital and Research centre - Petitioner
Vs.
Ammini Pappachan & Anr. Respondents
MEMORANDUM OF SEITLEMENT FILED UNDER RULE 24 0F
THE CIVIL PROCEDURE (ADR RULES), 2008
Parties have agreed to resolve the entire dispute involved on
the following terms;
1. The Petitioner agrees to pay Rs.1,70,000/-(Rupees one
lakh seventy thousand only) to the lst Respondent by way
of Cheque No, 51739678 dated 19/12/2022 drawn on
Angamaly Branch of the Federal Bank Ltd, in full and final
settlement of all claims of the lst Respondent against the
Petitioner in respect of her employment with the
Petitioner.
2. The cheque has been handed over by the Petitioner today
to the lst Respondent and the lst Respondent hereby
acknowledges receipt of the cheque for Rs.1,70,000/-
(Rupees one lakh seventy thousand only).
•..-..,--,?
c6rfucoer|+ulLdRT
3.The Petitioner will ensure that the cheque will be
honoured on presentation by the lst Respondent.
4. 1St Respondent hereby agrees that she has no claims
whatsoever, against the Petitioner in respect of her
employment.
5. The 2nd Respondent is the Labour Court, Ernakulam and
hence, is not a signatory to this settlement agreement.
6, The Writ Petition may be disposed of in terms of the
settlement agreement and setting aside Exhibit P21
award in I.D.No.26 of 2006 of Labour Court, Ernakulam.
Dated this 20th day of December 2022.
.i,;;i.i--_c74..
lower Hospital and Ammini Pappachan
Research Centre lst Respondent
Signed before us
Adv. Rajesh Nair.
Counsel for petitioners Counsel for lst Respondents
