Kerala High Court
Bindu Sreedharan vs State Of Kerala on 5 February, 2025
WE(C}) NO, 26203 orf 2024 1 + 2025:KER39357 IN THE HIGH COURT OF KERALA AT ERNARKULAM PRESENT THE HONOURABLE MR.JUSTICE ©.5.DIAS WEDNESDAY, THE 5™ DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946 WPic} HO, 26203 OF 2024 PETITIONER: BINDU SREEDHARAN AGED 39 YEARS W/O SUNIL JOSEPH, VALAYIL HOUSE, KADAKKARAPPILLY NOW RESIDING AT THAYYALPARAMBIL, KOLANI, THODUPUZHA, IDUKKI DISTRICT, PIN - 685608 BY ADVS. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE SRI.K.V.SANOSE SMT.ANJANA SUGUNAN RESPONDENTS:
* STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM, PIN - 695001 2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KAKKANAD P.O, KOCHI, PIN - 682030 3 FACT EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD :
E129, REPRESENTED BY ITS SECRETARY, UDYOGAMANDAL, ELOOR, ERNAKULAM DISTRICT, PIN - 683561 WP(C} NO. 26203 OF 2024 2 2025: KER! 9357
4 MANAGING COMMITTEE OF FACT EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD : 2129 REPRESENTED BY iTS PRESIDENT, UPYOGAMANDAL, ELOOR, ERNAKULAM DISTRICT, PIN - 6823501 RY ADVS, SRI, FP. RAMAKRISHNAN SMT, PREETHI RAMAMRISHNAN (P-212) (K/000726/1987) SRI,PRATAP ABRAHAM VARGHESE (K/000235/2005) SRI .MANOJKUMAR G. (K/1202/2024) SRI.ASHOK MENON (K/1712/2024} SRI.K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY () SRI RAMKUMAR NAMBIR, AMICUS CURIAE THIS WRIT PETITION {CIVIL} HAVING COME UP FOR ADMISSION ON 08.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(c) NO. 26203 OF 2024 3
2025:KER:9357 JUDGMENT.
Dated this the 05" day of February, 2025 The writ petition is filed to direct the respondents 3 and 4 to reinstate the petitioner's husband in the service of the 3™ respondent.
2. When the writ petition came up for consideration on 20.11.2024, the petitioner and the party respondents submitted that there is a likelihood of the dispute between the parties being settled if they are referred to mediation. Consequently, the parties were referred to mediation centre.
3. It is reported by the learned counsel for the petitioner and the learned counsel for the respondents 3 and 4, that the subject matter in dispute has been settled between the parties as per memorandum of settlement agreement dated 29.01.2025, which is signed by the parties and countersigned by respective counsel.WP(Cc) NO. 26203 OF 2024 4
2025:KER!: 9357 4, I have perused the memorandum of settlement agreement and I have found the same to be in accordance with law.
In the result, the writ petition is disposed of as per the terms and conditions in the memorandum of settlement agreement dated 29.01.2025 which shall form part of the judgment.
Sd/-
C.S.DIAS JUDGE NAB WP(C} NGO. 26203 OF 2024 5 2025: KER: 9457- APPENDIX OF WF(C} 26203/2024 PETITIONER EXHIBITS EXHIBIT Pl TRUE COPY OF THE APPOINTMENT LETTER DATED 23,07,.2015 EXHIBIT P2 TRUE COPY OF THE CASE SUMMARY Of THE SANTHULA TRUST HOSPITAL DATED 16.03.2024 EXHIBIT F3 TRUE COPY OF THE DISCHARGE SUMMARY OF THE LOURDES HOSPITAL FROM 13,06.2020 To 26,06,2020 EXHIBIT P4 TRUE COPY OF THE MEDICAL PRESCRIPTION OF THE KVM REHABILITATION CENTRE DATED 20.11.2020 EXHIBIT P5 TRUE COFY OF THE MEDICAL PRESCRIPTION OF THE PSYCHIATRIST DATED 10.08.2021 EXHIBIT P6 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 06.04,2024 EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC 14953/2024 DATED 09,04.2024 EXHIBIT F& TRUE COPY OF THE LETTER CONTAINING THE DECISION OF THE SOCIETY DATED 10.05.2024 EXHIBIT PS TRUE COPY OF THE JUDGMENT IN WP{C) NO. 6443 OF 2023 DATED 25,03.2024 EXHIBIT P1O TRUE COPY OF THE CASE SUMMARY OF THE SANTHULA TRUST HOSPITAL DATED 05.07.2024 RESPONDENT EXHIBITS EXHIBIT R-3 {a} TRUE COPY OF SHOW CAUSE NOTICE DATED 25/02/2019 SERVED ON THE EMPLOYEE. EXHIBIT R-3(b) TRUE COPY OF RESIGNATION LETTER DATED 31/05/2019 SUBMITTED BY THE EMPLOYEE. EXHIBIT R-3{c} TRUE COPY OF SHOW CAUSE NOTICE DATED 24/2/2020 ISSUED TO THE EMPLOYEE WP(C} NO. 26203 OF 2024 6 EXHIBIT R-3 {d) EXHIBIT R-3(e) EXHIBIT R-3(f) EXHIBIT R-3(g) EXHIBIT R-3 th) EXHIBIT R-3{i) EXHIBIT R-3{3)} 2025; KER:9357 TRUE COPY OF CHARGE SHEET DATED 03-09~ 2020 ISSUED TO THE EMPLOYEE.
TRUE COPY OF LETTER DATED 28-11-2020 FROM THE 3RD RESPONDENT TO THE EMPLOYEE. TRUE COPY OF REPLY DATED 30-11-2020 FROM THE EMPLOYER TO THE 3RD RESPONDENT. TRUE COPY OF DOMESTIC ENQUIRY REPORT DATED 02-08-2021 SUBMITTED BY THE ENQUIRY OFFICER.
TRUE COPY OF NOTICE OF TERMINATION DATED 06-03-2023 ISSUED TO THE EMPLOYEE. TRUE COPY OF RESIGNATION LETTER DATED 08-03-2023 SUBMITTED BY THE EMPLOYEE. TRUE COPY OF LETTER 13/3/2023 COMMUNICATING ACCEPTANCE OF RESIGNATION. 7 OF BEFORE THE HON'BLE HIGH COURT OF KERALA ,ERNAKULAM W,.P(C) No. 26203 of 2024 Bindu Sreedharan : Petitioner State of Kerala and others : Respondents REPORT SUBMITTED BY THE MEDIATOR Mediated, matter ts settled.
Terms and conditions are attached herewith. Dated this the 29th day of January, 2025. a te ~~") Adv. Parthasarathy MK 77 Mediator High Court Mediation Centre BEFORE THE HON'BLE HIGH COURT OF KERALA , ERNAKULAM W.P(C) No. 26203 of 2024 Bindu Sreedharan : Petitioner State of Kerala and others : Respondents BD ET F FE PROCEDURE (ATTERNATIVE DISPUTE RESOLUTION) RULES 2008 The aforesaid case have been referred to Adv. Parthasarathi.M,K accredited Mediator of Ernakulam Mediation Centre for resolving the disputes between the parties, the parties herein have resolved ali their disputes in the course of mediation on the following mutually agreed terms and conditions. The first party, Bindu Sreedharan (hereinafter referred to as the Petitioner}, filed Writ Petition No 14953 of 2024 before the Honourable High Court of Kerala. The Petitioner is the wife of Mr. Suni! Joseph V.G., residing at Valayil House, Kadakkarappilly, Mr. Sunil Joseph V.G. has been employed as an attendant in the second party (3rd respondent society) since 2015. The Petitioner and her family, comprising her husband and a 4-year-old daughter, are facing severe financial difficulties.
Petitioner Bindu Sreedharan ABodlygh Respondents R3. Fact Employees Co-operative Housing Society Ltd, Rep. By its Secretary, Geethaji Pallippadan b. _ , * = R4.Managing Canunittee of Fact Employees Co-operative Housing Society Ltd
-~ Ge (2) The writ petition filed against the disciplinary proceedings initiated against her hustand and the denial of protection and benefits guaranteed under the Rights of Persons with Disabilities Act, 2016, and the Mental Health Care Act, 2017. The Petitioner's family is in a state of financial distress, with no alternative means for sustenance, including medical treatment, living expenses, and the education of their minor child. Furthermore, the Petitioner is currently unemployed. NOW, THEREFORE, the parties hereto have amicably resolved all disputes through mediation under the following mutually agreed terms and conditiens:
1. Ithas been agreed that the 3rd and 4th respondents (hereinafter referred to as the "Second Party') shall provide the Petitioner (First Party) with a job of an attender in the 3rd respondent society on compassionate grounds, in lieu of Mr. Sunil Joseph VG,
2. The Second Party shall pay the First Party an amount of Rs, 800/-(Rupees eight hundred only) per day for services rendered as an attender for a period of 6 months commencing from 01.04.2025. In the event the Second Party Tequires the First Party to travel for official duties, all permissible allowances, including TA/DA as applicable to society staff, shall be duly provided.
Petitioner Bindu Sreedharan Biedbed 7 Respondents R3. Fact Employees Co-operative Housing Society Ltd, sot Rep. By its Secretary, Geethajt Pallippadan (Mh = R4.Managing Committee of Fact Employees Co-operative Housing Society Ltd.Rep. Sy its President, Sheela K.5- (3) 3, The Second Party shail appointment the petitioner (First Party) in the post of attender with effect from 01.10.2025, shall give the scale of pay ,allowances ,benefits etc of attender in the service of the society. 4, In light of the above settlement, the respective parties agree ta withdraw alt pending case and petitions before the Honourable High Court.
5. The respective parties shall be bound by the terms of this settlement, and in the event of any breach, the aggrieved party shall have the right to enforce the agreement through due process of law. All the facts stated herein are true and correct to the best knowiedge of the parties. Dated this the 29" day of january, 2025 a. Coo Counsel for the Petitioner Counsel for R3 & R4 MMOL KISS op OL teaiek Poet Ef wo. [1934.
This settlement agreement is authenticated by me. Adv.Parthasarathy M.K.{(Mediator}