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2026 Supreme(Online)(Ker) 5735

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
BIJU T. GEORGE – Appellant
Versus
SMT.ISABELLA – Respondent
MFA (ECC) NO. 4 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.K.T.THOMAS, SRI.NIKHIL BERNY
For the Respondents: SRI.BOBBY GEORGE, SHRI.M.GOPIKRISHNAN NAMBIAR, SRI.JOY C. PAUL, SHRI.ELDHOSE JOY, SHRI.BABY SIMON, SHRI.REEJO JOHNSON, SHRI.NOBLE GEORGE, SHRI.VARGHESE K., SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SHRI.CHETHAN KRISHNA R.

A settlement agreement reached post-mediation when accepted by the parties conclusively resolves the issues raised in the appeal.

Headnote:The court analyzed the settlement agreement between the parties regarding the payment of Rs.3,00,000/- as an ex gratia payment, after mediation. The court found that the appellant agreed to the terms, releasing legal claims over the subject matter. The order recognizes the need for legal remedies in case of default. The appeal is thus closed.

Table of Content
1. request for removing a party from the appeal is acknowledged. (Para 1)
2. the settlement agreement terms are mutually accepted by the parties. (Para 2 , 3)

J U D G M E N T

It is submitted by the learned counsel for the appellant that the 5th respondent was ex parte before the Commissioner and therefore it may be deleted from the array of parties.

2. The request is accepted. 5th respondent is deleted from the array of the respondents.

3. It is submitted by the learned counsel for the appellant and the learned counsel for respondents 1 to 4 that the matter has been settled in mediation. Report of the Mediator is incorporated. The parties have agreed to settle the dispute on the following terms:

“1. The Appellant has agreed to pay Rs.3,00,000/- (Rupees Three lakhs only) to Respondents Nos.1 to 3 from the amount of Rs.6,65,180/-(Rupees Six lakhs sixty five thousand one hundred and eighty rupees only) which is deposited by the Petitioner herein before the Industrial Tribunal, Idukki, Peermade, in order to settle the subject matter of the above case fully and finally.

2. In order to effect the payment of the above mentioned amount of Rs.3,00,000/-(Rupees Three lakhs only) to the Respondents No.1 to 3, those Respondents shall file a petition to release the said amount of Rs.3,00,000/-(Rupees Three lakhs only) to their bank account, before the Hon'ble Industrial Tribunal, and the Petitioner will not object the same. It is also agreed that, the Respondents have no objection in allowing the petition, which is to be filed by the Appellant to release the balance deposit amount of Rs.3,65,180/-(Rupees Three lakhs sixty five thousand one hundred and eighty)

to him.

3. The Respondents No.1 to 3 agree that they are receiving the amount of Rs.3,00,000/-(Rupees Three lakhs only) as an Exgratia Payment, which the Petitioner has agreed to pay, though he has no legal liability to pay the same, and also that, the Respondents No.1 to 3 shall not raise any further claim against the Petitioner herein, over the subject matter of the above case.

4. In case of occurrence of any default at the instance of either of the parties to this agreement, the aggrieved party is entitled to resort to appropriate legal remedies for executing the terms of this agreement.”

Recording the settlement, the appeal is closed.

Sd/-

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