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Judgment
C.S.Dias, J
The review petition is filed to review the interim order dated 20.6.2023 passed in the writ petition.
The review petitioner has stated that they had filed the writ petition, inter alia, to quash Ext P2 notice that was issued by the first respondent who has no jurisdiction under Sec.22 of the Industrial Disputes Act, 1947 in respect of the demands raised by the second respondent - management. However, when the writ petition came up for consideration on 20.6.2023, this Court, by its impugned order, referred the parties to a Mediation Tribunal on the ground that larger interest was involved in the writ petition. But this Court restrained the petitioner from going ahead with the proposed strike and also stayed the operation of Ext P2 notice until further orders. The writ petition was directed to be posted after the receipt of the Mediation report. This Court, without recording the undertaking made on behalf of the petitioner, restrained them from going ahead with the strike and granted relief to the second respondent, which was not sought for in the writ petition. There was no justification in prohibiting the strike when the petitioner had conceded that they would not go ahead with the strike during the mediation proceedings. Therefore, there is an error apparent on the face of above order which warrants to be reviewed. Hence, the review petition.
Heard; Sri.P.Ramakrishnan, the learned counsel appearing for the review petitioner and Sri.Benny P.Thomas, the learned counsel appearing for the second respondent.
When the review petition was taken up for consideration, the Counsel on both sides submitted that the proceedings before the Mediation Tribunal was not successful and the proceedings have been dropped.
In view of the above submission, this Court directed the Registry to call for a report from the Mediation Tribunal. The Mediation Tribunal, by report dated 16.1.2024, has stated that although the dispute forming the subject-matter of the writ petition was mediated on various dates, but the parties could not arrive at a settlement.
As the mediation proceedings have been dropped, I hold that the interim order no longer survives. Therefore, there is no necessity for any further clarification in the matter because the interim order has become redundant. The strike was restrained and Ext P2 notice was stayed only for the purpose of facilitating an effective mediation proceedings, notwithstanding the oral submission made by both sides.
In the result, the review petition is disposed of by clarifying that the interim order dated 20.6.2023 no longer survives and the observations made in the order are recalled. The petitioner would be at liberty to prosecute the writ petition.