Managing Director vs K.Premaraj
2023 Latest Caselaw 7863 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
          Wednesday, the 26th day of July 2023 / 4th Sravana, 1945
                             WA NO. 990 OF 2023

 AGAINST THE JUDGMENT   DATED 03.03.2023 IN WP(C) 11595/2021 OF THIS COURT

APPELLANT/PETITIONER:

     MANAGING DIRECTOR, MIMS HOSPITAL, (NOW ASTER MIMS HOSPITAL)
     GOVINDAPURAM, MINI BYEPASS ROAD, KOZHIKODE, PIN - 673016.

BY ADVOCATES M/S.V.KRISHNA MENON, P.VIJAYAMMA & J.SURYA

RESPONDENTS/RESPONDENTS:

  1. K.PREMARAJ, MECHKANJIRATTU, ERAMALA P.O., VADAKARA., PIN - 673501
  2. LABOUR COURT, KOZHIKODE, PIN - 603009.

K.PREMARAJ(Party-In-Person)

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 3.3.2023 of the Learned Single
Judge in W.P.(C) No.11595/2021 including all proceedings before the second
respondent in pursuance to Ext.P2 award and Ext.P3 petition pending
disposal of the Writ Appeal.
     This Writ Appeal coming on for orders on 26.07.2023, upon perusing
the appeal memorandum, the court on the same day passed the following:
  ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
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                          W.A. No. 990 of 2023
     [Arising out of the judgment dated 03.03.2023 in W.P.(C)No.11595 of 2021]
                                         &
                           W.A.No.752 of 2023
     [Arising out of the judgment dated 03.03.2023 in W.P.(C)No. 6840 of 2021]
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                  Dated this the 26th day of July, 2023


                                   ORDER

On the previous occasion, we had indicated to both sides, to

appraise this Court as to whether they are willing to seek

mediatory efforts.

2. The appellant in W.A.No. 752/2023 (former

employee) is willing to seek mediatory efforts. The appellant in

W.A.No.990/2023, appears to have serious objection to the

suggestion made by this Court.

Accordingly, it is ordered that, the appellant in

W.A.No.752/2023 and an authorized officer of the appellant-

Management in W.A.No.990/2023 will report before the Nodal

Officer of the Mediation Centre attached to this Court at

10.15 a.m. on 08.08.2023. Whereupon, the parties will be

referred to a Senior Mediator, who will endeavour to commence

the mediation process on the same day and to complete the same

without much delay, preferably within six weeks, if that be W.A. Nos. 752 & 990 of 2023 ..2..

feasible. If the mediation process is successful, then both sides may

sign in the memorandum of mediation settlement that may be drawn

up by the mediation centre. After conclusion of the mediation

process, mediation centre will furnish the report on the outcome of

the mediation process to the Registry of this Court.

List the case on 28.09.2023.

Hand over a copy of this order to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C. JAYACHANDRAN, JUDGE TR2023