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2013 Supreme(Online)(KER) 36319
HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
CRAFT HOSPITAL – Appellant
Versus
CINTO ANTONY – Respondent
WRIT PETITION (CIVIL) 26716/2012
The court reinforced the significance of mediation in resolving conflicts, particularly in essential public services, leading to amicable resolution and settlement.
Headnote:
Mediation - Writ Petition - Section 89 of CPC, Kerala Civil Procedure (Mediation) Rules, 2008 - The court highlighted the role of mediation in resolving disputes, emphasizing the success of mediation in achieving a settlement between the parties involved in the healthcare services sector.
Fact of the Case:
A writ petition was filed seeking a mandate for the respondents to declare hospital services as essential, ban strikes, and control the disruption in hospitals due to a strike by nursing staff in Thrissur District.
Finding of the Court:
The court acknowledged the successful mediation efforts that led to a settlement between the parties, confirming the withdrawal of the nursing strike and concluding that the dispute had been resolved amicably.
Issues: Whether the indefinite strike by nursing staff could be deemed illegal and how mediation could facilitate a resolution between the concerned parties.
Ratio Decidendi: The court recognized the effectiveness of mediation under Section 89 of the CPC and the associated mediation rules, highlighting its role in achieving a resolution and maintaining the essential public utility of hospital services.
Final Decision: Writ petition disposed of in terms of the successful mediation settlement.
JUDGMENT
The writ petition has been filed with the following prayers:
“i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to declare hospital service as an essential, public utility and emergency service and ban the strike in hospitals;
ii) Declare that the indefinite strike called for by the respondents 8 to 11 and their men or agents or other nursing staff connected with them working in different hospitals in Thrissur District under the leadership of 8th respondent as illegal;
iii) declare that the respondents 8 to 11 and their men or agents or other nursing staff working in different hospitals in Thrissur District under the leadership of 8th respondent have no right to obstruct the smooth functioning of the hospitals in Thrissur District;
iv) issue a writ of mandamus or any other writ order or direction commanding the respondents 1 to 7 to take appropriate action in accordance with law for preventing all type of obstructions posed by the respondents 8 to
11 and their men, agents in the hospitals.”
W.P.C. No. 26716 of 2012 -2-
2. During the course of proceedings, the matter was sought to be settled in the presence of trained mediators. Initially an interim settlement was arrived at, between the parties so that the ongoing strike of the nurses could be withdrawn. The settlement report dated 26.11.2012 reads as follows:
“We are the Mediators appointed in the above matters. Mediation commenced on 14.11.2012 at 11.00 A.M. and continued till 6.00 P.M. After detailed facilitation matter was adjourned to 15.11.2012 at 2.00 P.M. It continued up to 6.30 P.M. Petitioner in the Writ Petition W.P.C. 22767/2012 joined on 16.11.2012 facilitation continued from 2.00 P.M. to 7.00 P.M. The Additional Advocate General Sri. Jaleel and Government Pleader Sri. T.Mohammed also started participation in mediation. The mediation continued on 19.11.2012 from 4.00 P.M. to 8.00 P.M. again matter was facilitated on 20.11.2012 and 22.11.2012 from 4.00 P.M. to 8.30 P.M. and finally on 23.11.2012 from 4.00 P.M. to 10.30 P.M. After a detailed and strenuous facilitation on all these days for about 40 hours an interim settlement could be arrived at. The interim settlement report is annexed herewith. It is reported that mediation was for the time being successful as the ongoing strike of the nurses could be withdrawn. The matter is kept pending for further facilitation in order to reach an amicable settlement on all W.P.C. No. 26716 of 2012 -3-
prevailing issues.”
3. Subsequently the matter was taken up for final round of settlement and mediation and the report forwarded to this Court reveals that the issue has been settled once and for all. A settlement report dated 25.6.2013 along with memorandum of agreement dated 28.11.2012 executed under Section 89 of CPC r/w Rules 24 & 25 of the Kerala Civil Procedure (Mediation) Rules, 2008 reads as follows:
“We are the Mediators appointed in the above matters. Mediation commenced on 14.11.2012 at 11.00 A.M. and continued till 6.00 P.M. After detailed facilitation matter was adjourned to 15.11.2012 at 2.00 P.M. It continued up to 6.30 P.M. Petitioner in the Writ Petition W.P.C. 22767/2012 joined on 16.11.2012 facilitation continued from 2.00 P.M. to 7.00 P.M. The Additional Advocate General Sri. Jaleel and Government Pleader Sri. T.Mohammed also started participation in mediation. The mediation continued on 19.11.2012 from 4.00 P.M. to 8.00 P.M. again matter was facilitated on 20.11.2012 and 22.11.2012 from 4.00 P.M. to 8.30 P.M. and finally on 23.11.2012 from 4.00 P.M. to 10.30 P.M. After a detailed and strenuous W.P.C. No. 26716 of 2012 -4-
facilitation on all these days for about 40 hours an interim settlement could be arrived at. Subsequent that facilitation continued on several days for another 40 hours more and the matter could be settled on 28.11.2012 by consent of all parties. But the representative of the United Nurses Association omitted to sign the Settlement Agr
