Kerala High Court
K.Premaraj vs The Managing Director on 26 July, 2023
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. 752 OF 2023
AGAINST THE JUDGEMENT DATED 03/03/2023 IN WP(C) 6840/2021 OF THIS COURT.
APPELLANT/PETITIONER:
K.PREMARAJ, MAKKANHIRATTE HOUSE, ERAMALA (PO), KOZHIKODE, PIN -
673501.
K.PREMARAJ,(Party-In-Person)
RESPONDENTS/RESPONDENTS:
1. THE MANAGING DIRECTOR, MIMS HOSPITAL, GOVINDAPURAM (PO), KOZHIKODE,
PIN - 673016
2. LABOUR COURT, KOZHIKODE, CIVIL STATION, KOZHIKODE, PIN - 673020.
BY ADVOCATES M/S. V KRISHNA MENON, P.VIJAYAMMA & J.SURYA, FOR R1
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to (I) issue a writ such certiorari or any order direction to Ext. P1 to
the extent full back wage, interest etc., to the appellant had been dined
and set aside the W.P.(C) 6849/2021 and Ext. P1 set side the enquiry
report. (2) Allow full back wage till the Appellant attaned the age of
superannuation 58 year 2005 to 2019 - 14 year full back wage as per the
present wage. (3) Rs. 50 lakh compensation may be allowed for poison,
propadanga appellant insane, they us poison gas while sleeping, mix
poision in drinking water well. (4) Ext. P1 page 25 finds accommodation
was provided as per Ext. 2 offer letter free of cost Rs. 5,000/- per moth
may be allowed in service peirod. (5) direct JFCM-IV, Kozhikode to take
case against Dr. Asad Muppan Chairman MIMS Dr. Abdulla Cherekkade than
Managing Director, MIMS as per CRPC 340 and 195.
This Writ Appeal again coming on for orders on 26/07/2023 upon
perusing the appeal memorandum and this Court's order dated
20/06/2023, 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
