Disposed

M/S Komtech Plastic Technologies v. Mr. G. Raju

Karnataka HC10 Mar 2021WA/1443/2018

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a batch of writ appeals regarding direct and indirect taxation and service matters. The court accepted a settlement memorandum filed by the employer and workmen, substituting the impugned single judge's order with the settlement terms and allowing the appellants.

What did the court decide?

The impugned order dated 08/02/2018 was substituted by the terms of the settlement memorandum filed by the parties; the appeal was disposed without costs.

M/S Komtech Plastic Technologies Vs Mr. G. Raju — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 10^TH DAY OF MARCH, 2021

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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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WRIT APPEAL No.1443/2018 & WRIT APPEAL Nos.946-950/2019 (L-TER) IN WRIT PETITION No.63470/2016 C/W WRIT PETITION Nos. 63471/2016, 63472/2016, 7939/2017, 7940/2017 & 7941/2017 (L-TER)

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W.A.No.1443/2018 IN WRIT PETITION No.63470/2016:

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BETWEEN:

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M/S. KOMTECH PLASTIC TECHNOLOGIES INDIA PVT. LTD., #81 & 82, (B1 & B2) 7^TH MAIN, 3^RD PHASE, PEENYA INDUSTRIAL AREA, PEENYA, BENGALURU - 560 058.

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REP. BY ITS MANAGER - ACCOUNTS, HR & ADMIN: NOW REP. BY MANAGING DIRECTOR FOR APPELLANTS MR. BIPIN KUMAR KHIMASIA. ... APPELLANT

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AND:

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MR. G. RAJU AGED 27 YEARS, S/O. GOPALAPPA, R/AT BANNIMANGALA VILLAGE, KUNDANA POST, DEVANAHALLI TALUK. BENGALURU RURAL DISTRICT - 562 110. ... RESPONDENT

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W.A.No.946/2019

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IN WRIT PETITION No.63471/2016

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BETWEEN:

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M/S. KOMTECH PLASTIC TECHNOLOGIES INDIA PVT. LTD., #81 & 82, (B1 & B2) 7^TH MAIN, 3^RD PHASE, PEENYA INDUSTRIAL AREA, PEENYA, BENGALURU - 560 058 REP. BY ITS MANAGER - ACCOUNTS, HR & ADMIN.

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... APPELLANT

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AND:

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MR. SIDDARAJU AGED 26 YEARS, S/O. SIDDAPPA, R/AT KUPPALAHALLI, NANDI POST, CHIKKABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 562 101. ... RESPONDENT

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W.A.No.947/2019 IN WRIT PETITION No.63472/2016

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BETWEEN:

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M/S. KOMTECH PLASTIC TECHNOLOGIES INDIA PVT. LTD., #81 & 82, (B1 & B2) 7^TH MAIN, 3^RD PHASE, PEENYA INDUSTRIAL AREA, PEENYA, BENGALURU - 560 058. REP. BY ITS MANAGER - ACCOUNTS, HR & ADMIN.

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... APPELLANT

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AND:

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MR. C.N. RANGANATH AGED ABOUT 33 YEARS S/O. NAGARAJU, DOOR NO.1057, 4^TH WARD, URDU SCHOOL BOARD, ROJI PURA DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT. ... RESPONDENT

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W.A.No.948/2019

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IN WRIT PETITION No.7939/2017

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BETWEEN:

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M/S. KOMTECH PLASTIC TECHNOLOGIES INDIA PVT. LTD., #81 & 82, (B1 & B2) 7^TH MAIN, 3^RD PHASE, PEENYA INDUSTRIAL AREA, PEENYA, BENGALURU - 560 058.

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REP. BY ITS MANAGER - ACCOUNTS, HR & ADMIN.

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... APPELLANT

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AND:

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MR. C.N. RANGANATH AGED ABOUT 33 YEARS, S/O. NAGARAJU, DOOR NO.1057, 4^TH WARD, URDU SCHOOL BOARD, ROJI PURA DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT. ... RESPONDENT

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W.A.No.949/2019

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WRIT PETITION No.7940/2017

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BETWEEN:

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M/S. KOMTECH PLASTIC TECHNOLOGIES INDIA PVT. LTD., #81 & 82, (B1 & B2) 7^TH MAIN, 3^RD PHASE, PEENYA INDUSTRIAL AREA, PEENYA, BENGALURU - 560 058.

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REP. BY ITS MANAGER - ACCOUNTS, HR & ADMIN.

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... APPELLANT

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AND:

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MR. G. RAJU AGED 27 YEARS, S/O. GOPALAPPA, R/AT BANNIMANGALA VILLAGE, KUNDANA POST, DEVANAHALLI TALUK,

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BENGALURU RURAL DISTRICT - 562 110.

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... RESPONDENT

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W.A.No.950/2019 IN WRIT PETITION No.7941/2017

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BETWEEN:

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M/S. KOMTECH PLASTIC TECHNOLOGIES INDIA PVT. LTD., #81 & 82, (B1 & B2) 7^TH MAIN, 3^RD PHASE, PEENYA INDUSTRIAL AREA, PEENYA, BENGALURU - 560 058.

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REP. BY ITS MANAGER - ACCOUNTS, HR & ADMIN. ... APPELLANT

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AND:

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MR. SIDDARAJU AGED 26 YEARS, S/O. SIDDAPPA, R/AT KUPPALAHALLI, NANDI POST, CHIKKABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 562 101. ... RESPONDENT

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APPEARANCE IN ALL THE CASES:

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(BY SRI. ANIRUDDH K., ANAND FOR SRI ANAND K.R., ADVOCATES FOR APPELLANTS)

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(BY SRI. L. SHEKAR, ADVOCATE FOR RESPONDENTS)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 8/2/2018 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION 63470/2016 C/W WRIT PETITION 63471/2016 AND 63472/2016 OF THE APPELLANT HEREIN ON THE ONE HAND AND ORDER PASSED IN WRIT PETITION 7939/2017, 7940/2017 AND 7941/2017 OF THE RESPONDENTS HEREIN ON THE OTHER AND FURTHER BE PLEASED TO HOLD THAT THE APPELLANT IS NOT LIABLE TO PAY ANY BACK-WAGES AS ORDERED AND CONSEQUENTLY ALLOW THE WRIT PETITIONS OF THE APPELLANT BY DISMISSING THE WRIT PETITIONS OF THE RESPONDENTS.

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THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

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J U D G M E N T

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The legality and correctness of the order dated 08/02/2018, passed by the learned single Judge in W.P.No.63470/2016 connected with W.P.Nos.63471/2016 and other connected appeals are assailed by the employer in this appeal.

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Learned counsel for the respective parties submitted that during the pendency of this appeal, the parties have negotiated a settlement and the terms of the settlement are recited in the memorandum of settlement which has been filed today (10/03/2021). Learned counsel for the respective parties submitted that the appeal may be disposed of in terms of the settlement arrived at between the parties.

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The appellant/company is represented by Sri Gopal, Manager (Finance and Human Resource) (Administration) and the respondents viz., Sri G. Raju, Sri Siddaraju and Sri C.N.Ranganath are present in-person. They have been identified by their respective counsel.

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When queried by this court, the parties

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submitted that they have, indeed, arrived at a settlement

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in the matter and the terms of the settlement are recited in the memorandum of settlement which has been filed today. They further stated that they have arrived at a settlement on their free volition without there being any coercion and undue influence from any side. They further stated that the appeal may be disposed of in terms of settlement arrived at between the parties. Learned counsel for the respective parties have filed the memorandum of settlement incorporating the terms of settlement and the same is taken on record. It is noted that the same is signed by the respective parties and their counsel. The memorandum of settlement incorporating the terms of settlement reads as under:

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"MEMORANDUM OF SETTLEMENT SHORT RECITAL OF THE CASE

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a) WHEREAS, in the above appeal the appellant challenged the Awards passed by the I Addl. Labour Court, Bangalore in ID No.105-106107/2013 and order of the Learned Single Judge dated 08.02.2018 in so far as grant of 50% back wages by the Labour Court and 100% back wages by the Learned Single Judge respectively is concerned; and

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b) WHEREAS, in the meantime out of three workmen, only one workman by name

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(i) Sri.C.N. Ranganath party in Writ Appeal No.947/2019 [ID No.106/2013 / W.P. No.7939/2017 and W.P. No.63472/2016] continues to attend his duties in the appellant establishment.

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(ii) Out of the remaining two workmen, workman by name Sri. G. Raju party in Writ Appeal No.1443/2018 [ID No.107/2013 / W.P. No.63470/2016 and W.P. No.7940/2017] resigned from his employment vide letter of resignation dated 10^th February'2018 which was duly accepted and services relieved.

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(iii) The third workman Sri. Siddaraju party in Writ Appeal No.946/2019 [ID No.105/2013/ W.P. No.63471/2016 and W.P. No.7941/2017] abandoned his employment by not reporting to duty ever since 22^nd March'2020 and

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c) WHEREAS, in the circumstances all the three workmen not being interested in continuing/contesting the above writ appeal any further approached the appellant herein to resolve the same amicably when, both parties, on the basis of negotiations held have entered into this settlement, on the following terms;

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TERMS OF SETTLEMENT

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Sri C.N. Ranganath party in Writ Appeal No.947/2019 [ID No.106/2013 / W.P. No.7939/2017 and W.P. No.63472/2016] who continues to attend his duties in the appellant establishment is paid a sum of Rs.2,85,000/[Rupees Two Lakhs Eighty Five Thousand only] in

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lieu of all reliefs granted in ID No.106/2013 and/or W.P. No. 7939/2017 and W.P. No.63472/2016 as also the said workman shall not be entitled to any other amount monetary or otherwise towards back wages, continuity of service and all other consequential benefits for the period from 12-072013 [the alleged date of refusal of employment] till the said workman reported back to his duties. The amount as mentioned in this para shall be transferred to the bank account No.917010039579005, IFSC Code: UTIB0001204, Axis Bank Ltd, Doddaballapura Branch, of the respondent workman herein on or before 25.06.2021.

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Sri G. Raju/Raja party in Writ Appeal No.1443/2018 [ID No.107/2013 / W.P. No.63470/2016 and W.P. No.7940/2017] resigned from his employment vide letter of resignation dated 10^th February'2018 which was duly accepted and services relieved and accordingly the said workman is also paid a sum of Rs.2,85,000/[Rupees Two Lakhs Eighty Five Thousand only] in lieu of all reliefs granted in ID No.107/2013 and W.P. No.63470/2016 and W.P. No.7940/2017 as also the said workman shall not be entitled to any other amount monetary or otherwise towards back wages, continuity of service and all other consequential benefits for the period from 12-072013 [the alleged date of refusal of employment] till the said workman reported back to his duties. The said lump sum amount is also in lieu of all other legal dues if any payable to the said workman by the Appellant Management towards gratuity,

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earned wages, leave wages, bonus, OT wages etc., for the period of service rendered till the date of submission of resignation. In other words, the said workman shall not be entitled to any other amount either by way of legal dues and/or by way of compensation from the Appellant Management either for the period of service rendered or thereafter. In particular, in the circumstances, question of the said workman being entitled to any wages etc., for the period from 12.07.2013 till date does not arise. The amount payable to the respondent workman Sri.G.Raju/Raja shall be transferred to the following bank account No.337701000005367, IFSC Code IOBA0003377, Indian Overseas Bank, Kuppam Branch, on or before 25-03-2021.

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The third workman Sri. Siddaraju party in Writ Appeal No.946/2019 [ID No.105/2013 / W.P. No.63471/2016 and W.P. No.7941/2017] abandoned his employment by not reporting to duty every since 22^nd March'2020 and accordingly the said workman is also paid a sum of Rs.3,20,000/[Rupees Three Lakhs Twenty Thousand only] in lieu of all reliefs granted in ID No.105/2013 and W.P. No.63471/2016 and W.P. No.7941/2017 as also the said workman shall not be entitled to any other amount monetary or otherwise towards back wages, continuity of service and all other consequential benefits for the period from 12-072013 [the alleged date of refusal of employment] till the said workman reported back to his duties. The said lump sum amount is also in lieu of all other legal dues if any payable to the said workman

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by the Appellant Management towards gratuity, earned wages, leave wages, bonus, OT wages etc., for the period of service rendered till the date of submission of resignation. In other words, the said workman shall not be entitled to any other amount either by way of legal dues and/or by way of compensation from the Appellant Management either for the period of service rendered or thereafter. In particular, in the circumstances, question of the said workman being entitled to any wages etc., for the period from 22-03-2020 till date, does not arise. The amount payable to the respondent workman Sri. Siddaraju shall be transferred to the following bank account No.917010078977705, IFSC Code: UTIB0001204, Axis Bank Ltd., Doddaballapur Branch, on or before 25-04-2021.

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In view of this full and final settlement the workmen Sri.Raju/Raja and Sri Siddaraju who are parties and signatories to this settlement, having given up their employment voluntarily, shall not be entitled to seek relief of reinstatement, reemployment and/or fresh employment in the appellant management on any date in future.

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The said two workmen Sri. G. Raju/Raja and Sri. Siddaraju shall also not be eligible/entitled to seek any other relief either towards legal dues arising out of their employment and/or towards back wages and other benefits granted to them other than what is paid by the appellant management under this settlement and the said two workmen undertake not to raise any fresh dispute and/or make any fresh claim for monitory

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and/or non-monitory benefits from the appellant management either for the period of service rendered or thereafter, on any date in future.

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In view of this full and final settlement signed by Sri. G. Raju/Raja and Sri Siddaraju voluntarily and on their own free will, relationship of Employer-Employee between the appellant management on the one hand and the said two workmen on the other, ceases.

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Similarly, in view of this full and final settlement signed by the workman Sri. C.N. Ranganath voluntarily and on his own free will the said workman also agrees and undertakes not to demand any additional amount towards back wages continuity of service and other consequential benefits for the alleged period of refusal of work from the appellant management on any date in future and shall also not raise any fresh dispute in this regard before any Forum.

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In view of this full and final settlement executed by the three respondent workmen voluntarily and on their own free will based on the discussions held by them along with their advocate, both parties humbly pray this Hon'ble Court to substitute this settlement with the impugned order of the Learned Single Judge dated 08-02-2018 / Award of the I Addl. Learned Court, Bangalore dated 01-04-2016 passed in ID Nos.107/2013, 105/2016 and 106/2013 respectively in the interest of justice and equity.

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The Appellant shall also transfer sum of Rs.30,000/- being the legal fees to the bank

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account of Mr. L. Shekar, Counsel for Respondent Workmen as per the agreed terms which is also acknowledged by the said Counsel and the said amount shall be cleared in two equal monthly installments of Rs.15,000/- each on 25-03-2021 and 25-04-2021, IDBI Bank S.B. A/c No.55110010003690 IFSC Code IBKL0000551, Gandhinagara Branch.

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The respondent workmen undertake to file copy of this joint Memo of settlement before the Hon'ble I Addl. Labour Court, Bangalore in Application No.05/2019, 04/2019 and 03/2019 respectively and pray to pass order in terms of this settlement in the interest of justice and equity.

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In view of this full and final settlement each of the three respondent workmen agree and undertake not to press for grant of 100% back wages as ordered by the learned Single Judge in the impugned order dated 08-02-2018.

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This settlement is signed on this 10^th day of March 2021.

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Learned counsel for the appellant submitted

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that the payment of Rs.2,85,000/- (Rupees two lakh and eighty five thousand only) shall be made to Sri C.N.Ranganath on or before 25/06/2021; the payment of Rs.2,85,000/- (Rupees two lakh and eighty five thousand only) to Sri G.Raju/Raja shall be made on or before 25/03/2021 and the payment of Rs.3,20,000/- (Rupees three lakh and twenty thousand only) to Sri Siddaraju shall be made on or before 25/04/2021. In addition, a sum of Rs.30,000/- (Rupees thirty thousand only), being the legal fees, shall be paid to Sri L. Shekar, learned counsel for respondents/workmen in equal two installments of Rs.15,000/- (Rupees fifteen thousand only) each on 25/03/2021 and 25/04/2021.

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Learned counsel for the appellant as well as the respondent submitted that in view of the settlement, there are no further claims by any of the parties on the other.

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The respondents/workmen as well as learned counsel for the respondents/workmen have agreed to the payment being made in terms of the aforesaid settlement.

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We have perused the memorandum of

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settlement incorporating the terms of the settlement. We find that they are lawful and there is no legal impediment to accept the same. Hence, the same is accepted.

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Hence, the order of the learned single Judge impugned in this appeal is substituted by the aforesaid terms of settlement. The appeal is accordingly disposed. No costs.

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In view of the disposal of the appeal I.A.No.2/2019

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stands disposed.

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Sd/JUDGE

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Sd/JUDGE

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M/S Komtech Plastic Technologies v. Mr. G. Raju

Case brief

What is this about?

What did the court decide?

M/S Komtech Plastic Technologies v. Mr. G. Raju

Case brief

What is this about?

What did the court decide?

What the court decided

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