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2009 Supreme(Online)(KER) 13261
HIGH COURT OF KERALA
KURIAN JOSEPH, C.T.RAVIKUMAR, JJ
P.V.SASI – Appellant
Versus
THE SUPERINTENDENT OF POLICE – Respondent
WP(C)/30901/2009
SRI.A.X.VARGHESE, SRI.A.V.JOJO,ORDINATION SECRETARY6) PATTALI CHANDRAN CO
The court upheld the efficacy of mediation, emphasizing the resolution of disputes outside of litigation.
Headnote:
Mediation - Police Protection - Kerala Mediation Centre - Writ Petition Dismissal - Settlement
Fact of the Case:
The petitioner sought police protection and was directed to mediation where a settlement was reached regarding union membership and working conditions.
Finding of the Court:
The court noted the settlement terms, determining that them being agreed upon eliminated the need for intervention and dismissed the Writ Petition as withdrawn.
Issues: Whether the court should grant police protection or recognize the settlement reached through mediation.
Ratio Decidendi: The court found that the parties had amicably settled their differences through mediation, making further judicial intervention unnecessary.
Final Decision: Writ Petition dismissed as withdrawn based on settlement.
JUDGMENT
Kurian Joseph, J.
The petitioner approached this Court seeking police protection. On finding that there is an element of settlement, the parties were directed to appear before the Kerala Mediation Centre. The learned Mediator has submitted a report incorporating the terms of settlement which read as follows:
i. The petitioner Sri. P.V. Sasi has already given a request for membership in the Union, Bharathiya Mazdoor Sangham (BMS), Vellikulangara. The Secretary of the BMS Sri. Rajan Pazhayi, S/o. Kuttan, Vellikulangara P.O. is to give to the 5th respondent, the Secretary of the Co-ordination Committee, Sri. K.V. Thomas, a formal letter along with the copy of the request for membership given by Sri. Sasi, so as to inform him officially that Sri. Sasi has been granted membership in the said Union BMS. The Secretary of BMS has to give the above said intimation to the 5th respondent on or before 07.11.2009.
ii.The President of the Co-ordination Committee, the 6th respondent, Sri. Pattali Chandran, S/o. Velayudhan (CITU) has agreed to accept unconditionally, the letter forwarded to him by the Secretary of BMS intimating him about the granting of membership to Sri. P.V. Sasi, the petitioner herein, in the said Union.
iii.The parties further agree that the petitioner will have the freedom to work along with the member of the BMS Union without any obstruction from any of the parties in a peaceful and healthy environment.
iv.In the light of the above said terms of agreement, the petitioner agrees to withdraw the above Writ Petition.
It is submitted that in view of the above settlement, no further orders are required in this Writ Petition. Accordingly, recording the terms of settlement, the Writ Petition is dismissed as withdrawn. An amount of Rs.1,500/-, which will be shared equally by both parties, shall be given to the learned Mediator towards remuneration.
(KURIAN JOSEPH)
JUDGE (C.T. RAVIKUMAR)
JUDGE sp/
KURIAN JOSEPH &
C.T. RAVIKUMAR, JJ.
JUDGMENT
11th November, 2009
