Allowed

M/S Hindusthan Petroleum v. Asha

Karnataka HC7 Oct 2020WA/1102/2019

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of an appeal against a single judge order regarding workman salary fixation and pension. Upon submission of a joint memo and out-of-court settlement agreement between the parties, the Court approved the settlement terms including a lump sum payment and medical benefits, thereby dismissing the appeal on merits.

What did the court decide?

The appeal is disposed of in terms of the out-of-court settlement. Appellants to pay Rs. 7,50,000 to respondents and provide medical insurance coverage to the wife and unmarried children.

M/S Hindusthan Petroleum Vs Asha — Pension and Retirement Benefits | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07^TH DAY OF OCTOBER, 2020

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PRESENT

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THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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W.A.No.1102 OF 2019 (L - TER)

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BETWEEN:

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M/s Hindusthan Petroleum Corporation Limited, Represented by its Managing Director, Regd. Office at No.17, Jamshedji Tata Road, Mumbai – 400 020.

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The Deputy General Manager Hindusthan Petroleum Corporation Ltd LPG Plant, Ajmeer 305 001 Rajasthan – 305 001. … Appellants

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(By Smt. H.R.Renuka, Advocate)

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AND:

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Asha Wife Of late B.V.Srinivasan, Aged about 49 years, Residing at No.60, Majeedi Road, K R Puram, Bengaluru – 560 036.

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Swathi Daughter of Late B.V.Srinivasan, Aged about 29 years, Residing at No.60, Majeedi Road, K R Puram, Bengaluru – 560 036.

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Subhash Son of Late B V Srinivasan, Aged about 21 years, Residing at No.60, Majeedi Road, K R Puram, Benglauru – 560 036.

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The Senior Regional Manager Hindusthan Petroleum Corporation Limited, Regional office No. 77 Old Madras Road, Dooravani Nagar, K.R.Puram, Bengaluru – 560 016.

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Life Insurance Corporation of India, Represented by its Managing Director, Yoga Kshema Building, Mumbai Pin Code 400 021.

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General Manager Life Insurance Corporation of India, P and G S Department Mumbai Division 1, Yoga Kshema Building, Mumbai Pin Code – 400 021.

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M/S Hindusthan Petroleum Corporation Limited, Employees Superannuation, Benefit Fund Scheme,

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Represented by the Deputy General Manager (Finance) No.1, Jamshedji Tata Road, Mumbai – 400 020. … Respondents

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(By Sri.K.B.Narayanaswamy, Advocate for R-1 to R-3)

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This appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order of the learned Single Judge dated 13/03/2019 in WP.Nos.28009-11/2015, consequently dismiss the Writ Petition.

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This appeal coming on for Orders this day, NAGARATHNA, J., delivered the following:

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JUDGMENT

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Sri. H. R. Renuka, learned counsel for the

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appellants and Sri. K.B.Narayanswamy, learned counsel for respondent Nos.1 to 3 jointly submit that the joint memo has been filed and the appeal may be disposed of in terms of the said joint memo.

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This appeal is filed by respondent Nos.1 & 2 in

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the writ petitions assailing the order passed by the learned Single Judge in W.P.Nos.28009-28011/2015 dated 13.03.2019. By the said order, the writ petitions

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were partly allowed and directed the respondents therein to consider the representation of the petitioners in the form of legal notice dated 03.11.2014 and rejoinder statement dated 24.01.2019 and pass orders in accordance with law as expeditiously as possible and adjudicate within a period of two months from the date of receipt of certified copy of the said order.

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A consequent direction was also issued to the respondent – Hindusthan Petroleum Corporation Ltd.,(HPCL) which is also a part of the Trustee, to reconsider the claim of the petitioners as regards the entitlement of pension of the workman to re-determine and advise LIC in terms of the re-fixation of the salary of the workman etc. Being aggrieved, the appellant have preferred this appeal

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As already noted, during the pendency of this appeal, the parties have negotiated a settlement and a joint memo has been filed which is signed by the parties

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and their respective counsel. Out of Court settlement arrived at in this appeal is appended and the same is signed by the respective parties. The joint memo and the memorandum of settlement reads as under:

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Joint Memo

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“The appellant and contesting respondents 1 to 3 have agreed to settle their claim arising from this appeal, in terms of the memorandum of settlement dated 27.06.2020, the terms and conditions of the settlement is set out in the memorandum of settlement which is enclosed to this joint memo. The parties to the proceedings have agreed and accepted the terms and conditions specified in the memorandum of settlement enclosed. The memorandum of settlement is duly signed by the parties to the proceedings and the signature of the parties are identified by their respective pleaders. The writ appeal may kindly be disposed of in terms of the memorandum of settlement enclosed to this joint memo, in the interest of Justice and Equity.

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Bangalore

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20.08.2020 Advocate for the Appellant

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Sd/Advocate for the Respondents 1 to 3

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OUT OF COURT SETTLEMENT IN WRIT APPEAL NOS. 1102-1104/2019 IN WRIT PETITION NOS.28009-28011/2015 PENDING BEFORE HON’BLE KARNATAKA HIGH COURT AT BANGALORE

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PARTIES TO THE SETTLEMENT

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FIRST PARTY:

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Hindustan Petroleum Corporation Limited represented by Shri A.Vinod Kumar, Deputy General Manager-LPG, Bangalore LPG Region, & Constituent Attorney having office at 314, whitefield Road, Mahadevapura, Post, Bangalore – 560 048.

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SECOND PARTY:

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Writ Appeal Nos. 1102-1104/2019 in Writ Petition Nos. 28009-28011/2015:

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Smt. Asha W/O Late Shri B V Srinivasa, Residing at No.60, Majeedi Road, K R Puram, Bengaluru – 560036

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Ms. Swathi, D/o Late Shri B V Srinivasa, Residing at No.60, Majeedi Road, K R Puram, Bengaluru – 560036, represented by Smt. Asha.

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Shri Subhash S/O Late Shri B V Srinivasa, Residing at No.60, Majeedi Road, K R Puram

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Bengaluru – 560036, represented by Smt. Asha.

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SHORT RECITAL

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On 31/08/1991, Husband / Father of Second Party Shri B.V.Srinivasa (Employee No.35323150) and 08 other workmen were appointed in the services of HPCL and they were posted at Bangalore LPG bottling Plant of HPCL.

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Subsequently, all the 09 workmen were terminated from the service of HPCL effective 31/05/1992, for the misconduct of obtaining employment basis false/forged certificates by invoking clause 10(b) of the appointment letters.

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Consequent to the termination of their services, all the 09 workmen raised an Industrial dispute which was referred for adjudication before Central Government Industrial Tribunal, Bangalore and which was numbered as C.R.-57/97. The Hon’ble CGIT Bangalore upon hearing the parties passed an award on 23/06/2004 directing HPCL to reinstate all the 09 workmen along with payment of 25% of backwages from the date of termination till the date of reinstatement

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with continuity of service and all other consequential benefits.

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The Award dated 23/06/2004 was challenged by HPCL before Hon’ble High Court of Karnataka at Bangalore by way of filing Writ Petition No.34818 of 2004, whereby Hon’ble Court granted stay on the implementation of the award subject to payment of last drawn wages as per Sec.17B of Industrial Dispute Act, 1947 to the workmen concerned. The Hon’ble High Court vide its Order dated 25/10/2007 upheld the impugned Order of the CGIT.

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HPCL preferred Writ Appeal No.2282 of 2007 before Double bench of Hon’ble Karnataka High Court challenging the Order dated 25/10/2007 of the Single Judge in Writ Petition No.34818 of 2004. Writ Appeal No.2282 of 2007 was dismissed vide order dated 25/09/2008.

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Thereafter, HPCL filed Special Leave petition (SLP) No.6446/2009 before Hon’ble Supreme Court of India which was dismissed by Supreme Court Vide Order Dated 06/08/2010.

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Subsequent thereto, HPCL reinstated the said 09 workmen into the services and

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assigned them at various locations under North West Zone in accordance with the Award dated 23/6/2004 of the CGIT, Bangalore in ID 57/97. All the 09 workmen joined at their respective places of posting during October-November 2010. Further, in compliance of the said Award, all the 09 workmen were paid 25% salary from the date of termination i.e. 31^st May 1992 till the date of reinstatement apart from disbursal of wages from the date of their reinstatement as applicable to workmen in M01 Grade.

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� Subsequently, interms of Long Term Settlement (LTS), signed between HPCL and its workmen represented by Trade Union on 24/07/2012, which was effective from 01/10/2008, arrears of back wages, payable on account of such revision, were also paid to the Second Party who are beneficiaries of Late Shri B V Srinivasa in the month of October, 2013 after adjusting the amounts already paid to him in June, 2011.

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� Shri B.V.Srinivasa had passed away on 11/12/2011. His widow, Smt. Asha and children Ms. Swathi and Shri Subhash (Second Party herein) had filed a Writ Petition No.28009 – 28011/2015 against HPCL, claiming family pension since the date of death, fixation of salary of the deceased

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workman by taking into account his pay revisions and other reliefs. During the pendency of the said writ petition, Second Party submitted requisite documents and accordingly, SBFS pension started. Vide Order and Judgment dated 13/02/2019, the Hon’ble Single Bench partly allowed the writ petition with a specific direction to HPCL to consider the representation of petitioners in the form of legal notice dated 03/11/2014 and rejoinder statement dated 24/01/2019 and pass orders in accordance with law. Hon’ble Court also directed that as regards the pension, the respondent HPCL which is also part of trustee, is required to reconsider the claim of petitioners as regards the entitlement of pension of the workman, redetermine and advice LIC in terms of refixation of salary of the workman. HPCL challenged the said order dated 13/03/2019 by way of the filing Writ Appeal Nos.11021104 of 2019 which is pending.

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�

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During the pendency of the above case, in order to explore the possibility for out of court settlement, protracted discussions were held between the concerned parties and their counsels and during the course of the discussion to resolve the matter amicably, the workman / Second Party and their counsel have given consolidated proposal for out of

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court settlement in the matter and expressed their willingness of arriving at an Out of Court Settlement.

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TERMS AND CONDITIONS OF THE SETTLEMENT

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Now, this Out of Court Settlement is entered into between the parties on following terms and conditions.

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Second Party, who are the legal heirs of the deceased workman Late Shri B V Srinivasa (35323150), who had expired on 11/12/2011, covered in Writ Appeal Nos.1102-1104 of 2019 arising out of Writ Petition Nos.2800928011/2015, to be paid consolidated lump sum amount of Rs.7,50,000/- (Rupees Seven Lakh and Fifty Thousands Only) as full and final payment towards arrears / backwages and other consequential benefits in compliance of the Order of the Hon’ble Karnataka High Court at Bangalore dated 13/03/2019 in WP Nos.28009-28011/2015 read with Award dated 23/6/2004 of CGIT, Bangalore, till date.

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Second Party would be covered under HPCL’S Medical Benefit Insurance Scheme, if not already covered/extended, as under:

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Wife of Late Shri B.V.Srinivasa, Smt. Asha would be covered in Medical Insurance Policy till her life time.

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Unmarried dependent children of Late Shri B.V.Srinivasa would be covered subject to:

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They have not reached 30 years of age.

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They are not gainfully employed

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They are not covered/claiming Medical Benefits under any other Medical Insurance Scheme.

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It is mutually agreed upon that the benefits accruing out of the present settlement shall be binding upon the Second Party as to full and final settlement of all claims/ demands of whatsoever nature as may be conceived under any law and no such demand/claim in the matter shall hereinafter be made in future.

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It is agreed upon that both the parties would implement the terms of understanding in true spirit and this Out of Court Settlement would be filed before Hon’ble Karnataka High Court/Lok Adalat at Bangalore for disposal of the pending case in terms of this settlement.

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Benefits arising out of this settlement shall be extended to the Second Party within a period of 2 months from the date of disposal of the above

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referred Writ Appeal Nos.1102-1104/2019 arising out of Writ Petition Nos.28009-28011/2015, in terms of this settlement by Hon’ble Karnataka High court / Lok Adalat at Bangalore.

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Second Party Smt. Asha, Ms.Swathi and Shri Subhash would be paid the said consolidated Lump Sum amount of Rs.7,50,000/- equal share i.e.1/3 each ( Rs.2,50,000/- each )

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Learned counsel for the respective parties submit

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that the appeal may be disposed of in the aforesaid terms.

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We have perused the said terms of the joint memo.

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Learned counsel for the parties submit that on disposal of the appeal on the basis of the settlement arrived at between the parties, the terms of the settlement will be complied with. Their submission is placed on record.

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The appeal is disposed of in the aforesaid terms .

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The payment shall be made by the appellants to respondent Nos.1 to 3 within a period of two months from today.

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Sd/JUDGE

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Sd/JUDGE

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KTY

M/S Hindusthan Petroleum v. Asha

Case brief

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M/S Hindusthan Petroleum v. Asha

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