Retrenchment disputes involving compensation, reinstatement and back wages were settled through joint memos. The court accepted the signed memos and disposed of all petitions in their terms.
Joint settlement memos accepted; all petitions disposed of in accordance with their terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30040 OF 2018 (L-RES) C/W.
WRIT PETITION NO.30041 OF 2018 (L-RES) WRIT PETITION NO.30042 OF 2018 (L-RES) WRIT PETITION NO.30043 OF 2018 (L-RES) WRIT PETITION NO.30044 OF 2018 (L-RES) WRIT PETITION NO.30047 OF 2018 (L-RES) WRIT PETITION NO.30049 OF 2018 (L-RES) WRIT PETITION NO.8155 OF 2019(L-TER) WRIT PETITION NO.8156 OF 2019 (L-RES)
IN WP NO.30040/2018: BETWEEN:
…PETITIONER
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
(BY SRI. MANJUNATHA B.,ADVOCATE)
AND:
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
MAHADEVAPURA POST BENGALURU-560048
…RESPONDENTS
(BY SRI.K. B. NARAYANSWAMY, ADVOCATE FOR R-1, SRI J. N. NAVEEN, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE PASSING OF THE AWARD DATED 11.04.2018 PASSED BY THE SECOND ADDITIONAL LABOUR COURT, BANGALORE IN ID NO.92/2013 AT ANNEXURE-K AND ETC.
*********
IN WP NO.30041/2018: BETWEEN:
BENGALURU-560 048. REP. BY BIRADAR UTTAM KUMAR, MANAGER. M/S. BIOPLUS LIFE SCIENCES PVT. LTD.,
…PETITIONER
(BY SRI. MANJUNATHA B.,ADVOCATE)
AND:
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
PHARMED GARDENS, WHITEFIELD ROAD,
BENGALURU-560 048.
REP. BY ITS MANAGING DIRECTOR OR DIRECTOR
…RESPONDENTS
(BY SRI. K.B. NARAYANSWAMY, ADVOCATE FOR R-1., SRI J. N. NAVEEN KUMAR, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS LEADING TO THE PASSING OF THE AWARD DATED 11.4.2018 PASSED BY THE SECOND ADDL. LABOUR COURT, BANGALORE IN I.D.NO. 98/2013 AT ANNEX-K AND ETC.
IN WP NO.30042/2018: BETWEEN:
BENGLAURU - 560048 REP. BY BIRADAR UTTAM KUMAR, FACTORY MANAGER, M/S. BIOPLUS LIFE SCIENCES PVT. LTD.,
…PETITIONER
(BY SRI. MANJUNATHA B., ADVOCATE)
AND:
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
WHITEFIELD ROAD,
BENGALURU - 560048 REP. BY MANAGING DIRECTOR/MANAGER M/S. PHARMED MEDICARE PVT. LTD.
…RESPONDENTS
(BY SRI K. B. NARAYANSWAMY, ADVOCATE FOR R-1, SRI J. N. NAVEEN, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE PASSING OF THE AWARD DTD 11.04.2018 PASSED BY THE SECOND ADDITIONAL LABOUR COURT, BANGALORE IN ID NO.95/2013 VIDE ANNX-K AND ETC.
IN WP NO.30043/2018: BETWEEN:
…PETITIONER
(BY SRI. MANJUNATHA B., ADVOCATE)
AND:
…RESPONDENTS (BY SRI.K. B. NARAYANSWAMY, ADVOCATE FOR R-1, SRI J. N. NAVEEN, ADVOCATE FOR R-2)
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORS LEADING TO THE PASSING OF THE AWARD DATED 11.04.2018 PASSED BY THE SECOND ADDITIONAL LABOUR COURT, BANGALORE IN ID NO.96/2013 (ANNEXURE-K) AND ETC.
IN WP NO.30044/2018: BETWEEN:
K.R. PURAM HOBLI,WHITEFIELD ROAD,
BENGALURU-560 048. REP. BY ITS FACTORY MANAGER. BIRADAR UTTAM KUMAR
…PETITIONER
(BY SRI. MANJUNATHA B.,ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.K. B. NARAYANSWAMY, ADVOCATE FOR R-1 SRI J. N. NAVEEN, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE PASSING OF THE AWARD DTD. AWARD DTD. 11.04.2018 PASSED BY THE SECOND ADDITIONAL LABOUT COURT, BANGALORE IN ID.NO.99/2013 (ANNX-K) AND ETC.
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
IN WP NO.30047/2018: BETWEEN:
BENGALURU - 560048 REP. BY BIRADAR UTTAM KUMAR, MANAGER M/S. BIOPLUS LIFE SCIENCES PVT. LTD.,
…PETITIONER
(BY SRI. MANJUNATHA B., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.K. B. NARAYANSWAMY, ADVOCATE FOR R-1 SRI J. N. NAVEEN, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE PASSING OF THE AWARD DTD 11.4.2018 PASSED BY THE SECOND ADDITIONAL LABOUR COURT BANGALORE IN ID NO.94/2013 [ANNEXURE-K] AND ETC.
IN WP NO.30049/2018: BETWEEN:
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
WHITEFIELD ROAD, BENGALURU - 560048 REP. BY BIRADAR UTTAM KUMAR, MANAGER. M/S. BIOPLUS LIFE SCIENCES PVT. LTD.,
…PETITIONER
(BY SRI. MANJUNATHA B., ADVOCATE)
AND:
S/O. K. V. KRISHNAPPA AGED ABOUT 42 YEARS
R/AT NO 34,CHOWDESHWARI NILAYA,
ANNAPURNESHWARI LAYOUT 2ND MAIN, B. H. ROSE GARDEN CHINCHUGATTA, BENGALURU – 562162
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE PASSING OF THE AWARD DTD 11.04.2018 PASSED BY THE SECOND ADDITIONAL LABOUR COURT, BANGALORE IN ID NO.100/2013 VIDE ANNX-K AND ETC.
IN WP NO.8155/2019: BETWEEN:
(BY SRI. NARAYANA SWAMY K.B., ADVOCATE)
…PETITIONER
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
AND:
…RESPONDENTS
(BY SRI.J. N. NAVEEN, ADVOCATE FOR R-1, SRI MANJUNATHA B, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO MODIFY THE AWARD DTD. 11.04.2018 PASSED BY THE II ADDL. LABOUR COURT, BANGALORE IN I.D.NO.99/2013 VIDE ANNX-A TO GRANT THE RELIEF OF REINSTATEMENT IN R-2 ESTABLISHMENT IN THE ORIGINAL POST WITH FULL BACK WAGES, CONTINUITY OF SERVICE AND ALL OTHER CONSEQUENTIAL BENEFITS AND/OR TO PASS ALTOGETHER ORDER AS DEEMED APPROPRIATE.
IN WP NO.8156/2019: BETWEEN:
(BY SRI. NARAYANA SWAMY K. B.,ADVOCATE)
…PETITIONER
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
AND:
…RESPONDENTS
(BY SRI.J. N. NAVEEN, ADVOCATE FOR R-1, SRI MANJUNATHA B., ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO MODIFY THE AWARD DTD 11.04.2018 PASSED BY THE II ADDITIONAL LABOUR COURT, BENGALORE IN I.D.NO.962013 VIDE ANNX-A TO GRANT THE RELIEF OF REINSTATEMENT IN R-2 ESTABLISHMENT IN THE ORIGINAL POST WITH FULL BACK WAGES, CONTINUITY OF SERVICE AND ALL OTHER CONSEQUENTIAL BENEFITS.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners and respondents
have filed a joint memos reporting the settlement. The
Joint Memos reads as under:
In WP No.30040/2018:
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
"Background of settlement:
The 1st Respondent workman who was an employee of the 2nd Respondent, being aggrieved by the issuance of order of retrenchment dated 31.05.2013 by the 2nd Respondent has approached the Labour Court in ID Nos.92/2013. The Labour Court vide Award dated 11.04.2018 directed this Petitioner to pay the compensation of Rs.2,00,000/- to the 1st Respondent. Being aggrieved by the Award of the Labour Court in awarding for payment of Compensation, the Petitioner approached this Hon'ble Court in WP No. 30040/2018. During pendency of the above Writ Petition, all the parties expressed their intention to resolve the issue in question and settle the issue amicably. In this background both the parties after threadbare discussions along with their counsels and on the suggestions of this Hon'ble Court agreed to settle the present Writ Petition and also the Claims of the 1st Respondent against 2nd Respondent before the Labour Court and before this Hon'ble Court under the following terms and conditions.
1. The Petitioner for and on behalf 2nd Respondent herein agreed to pay an amount of Rs. 1,75,000/(Rupees One Lakh Seventy five thousand Only) to the 1st Respondent workman as one time full and final settlement towards all his claims/demand in the ID No. 92/2013; Award passed in the said dispute, Claim and demand made in the above Writ Petition (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein.
2. The 1st Respondent workman agreed unconditionally to receive the sum of Rs.1,75,000/(Rupees One Lakh Seventy Five Thousand Only) towards full and final settlement of all his claims/demands in the ID No.92/2013; Award passed in the said dispute, which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein. Further, 1st
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
Respondent hereby agreed to withdraw any and all disputes or claim/Petitions/complaints filed before any forum/court/authority against Petitioner and 2nd Respondent. in the event of not withdrawing such Petition/ complaints will become infructuous by virtue of this settlement
3. The 1st Respondent workman has agreed to give up his claim for reinstatement with full back wages, all other consequential benefits and any other benefits/claims/demands in whatsoever manner against the Petitioner and the 2nd Respondent before court of law/authority/forum either by himself or his representatives (includes his successors, assigns or any family members).
4. The Petitioner herein paying the agreed full and final settlement amount Rs. 1,75,000/- (Rupees One Lakh Seventy-five thousand Only) to the 1st Respondent workman by way of (i) Cheque Bearing No. 649045 for Rupees One Lakh and another cheque bearing No. 649046 for Rupees Seventy Five Thousand.
5. The 1st Respondent workman received the above said amount towards full and final settlement as claimed and as demanded in the dispute before Labour Court and as well in the Writ Petition which including claim for re-instatement with full back wages and all other consequential benefits, Bonus, Leave encashment and all other benefits as claimed before the Labour Court and before this Hon'ble Court and also the claim/demands which are not specifically mentioned herein, which including gratuity for subsequent to date of retrenchment. The 1st Respondent hereby agreeing to forego all his claims/demands of whatsoever nature against Petitioner and 2nd Respondent.
6. The 1st Respondent hereby agreed and confirmed that either himself or any of his representatives (includes his successors, assigns or any family members) will not make any more claim/demands
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
in whatsoever manner against the Petitioner or the 2nd Respondent. Further, the 1st Respondent agreed that there exists no employer and employee relationship between the Petitioner and the 1st Respondent and the relationship of employer and employee between the 1st Respondent and 2nd Respondent ended on the date of issuance of retrenchment.
All the parties voluntarily agreed to sign this Joint memo of settlement.
In terms of the above Joint memo, both the parties respectfully prays that this Hon'ble Court be pleased to pass any appropriate order/judgment without costs, in the interest of justice and equity."
In WP No.30041/2018:
"Background of settlement:
The 1st Respondent workman who was an employee of the 2nd Respondent, being aggrieved by the issuance of order of retrenchment dated 31.05.2013 by the 2nd Respondent has approached the Labour Court in ID Nos.98/2013. The Labour Court vide Award dated 11.04.2018 directed this Petitioner to pay the compensation of Rs.2,00,000/- to the 1st Respondent. Being aggrieved by the Award of the Labour Court in awarding for payment of Compensation, the Petitioner approached this Hon'ble Court in WP No. 30041/2018. During pendency of the above Writ Petition, all the parties expressed their intention to resolve the issue in question and settle the issue amicably. In this background both the parties after threadbare discussions along with their counsels and on the suggestions of this Hon'ble Court agreed to settle the present Writ Petition and also the Claims of the 1st Respondent against 2nd Respondent before the Labour Court and before this Hon'ble Court under the following terms and conditions.
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
1. The Petitioner for and on behalf 2nd Respondent herein agreed to pay an amount of Rs. 1,75,000/(Rupees One Lakh Seventy five thousand Only) to the 1st Respondent workman as one time full and final settlement towards all his claims/demand in the ID No. 98/2013; Award passed in the said dispute, Claim and demand made in the above Writ Petition (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein.
2. The 1st Respondent workman agreed unconditionally to receive the sum of Rs.1,75,000/(Rupees One Lakh Seventy Five Thousand Only) towards full and final settlement of all his claims/demands in the ID No.98/2013; Award passed in the said dispute, which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein. Further, 1st Respondent hereby agreed to withdraw any and all disputes or claim/Petitions/complaints filed before any forum/court/authority against Petitioner and 2nd Respondent. In the event of not withdrawing such Petition/ complaints will become infructuous by virtue of this settlement
3. The 1st Respondent workman has agreed to give up his claim for reinstatement with full back wages, all other consequential benefits and any other benefits/claims/demands in whatsoever manner against the Petitioner and the 2nd Respondent before court of law/authority/forum either by himself or his representatives (includes his successors, assigns or any family members).
4. The Petitioner herein paying the agreed full and final settlement amount Rs. 1,75,000/- (Rupees One Lakh Seventy-five thousand Only) to the 1st Respondent workman by way of Cheque Bearing No. 649037 for Rs.1,00,000/- (Rupees One Lakh)
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
and another cheque bearing No. 649038 for Rs.75,000/- (Rupees Seventy Five Thousand).
5. The 1st Respondent workman received the above said amount towards full and final settlement as claimed and as demanded in the dispute before Labour Court and as well in the Writ Petition which including claim for re-instatement with full back wages and all other consequential benefits, Bonus, Leave encashment and all other benefits as claimed before the Labour Court and before this Hon'ble Court and also the claim/demands which are not specifically mentioned herein, which including gratuity for subsequent to date of retrenchment. The 1st Respondent hereby agreeing to forego all his claims/demands of whatsoever nature against Petitioner and 2nd Respondent.
6. The 1st Respondent hereby agreed and confirmed that either himself or any of his representatives (includes his successors, assigns or any family members) will not make any more claim/demands in whatsoever manner against the Petitioner or the 2nd Respondent. Further, the 1st Respondent agreed that there exists no employer and employee relationship between the Petitioner and the 1st Respondent and the relationship of employer and employee between the 1st Respondent and 2nd Respondent ended on the date of issuance of retrenchment.
All the parties voluntarily agreed to sign this Joint memo of settlement.
In terms of the above Joint memo, both the parties respectfully prays that this Hon'ble Court be pleased to pass any appropriate order/judgment without costs, in the interest of justice and equity."
In WP No.30042/2018:
"Background of settlement:
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
The 1st Respondent workman who was an employee of the 2nd Respondent, being aggrieved by the issuance of order of retrenchment dated 31.05.2013 by the 2nd Respondent has approached the Labour Court in ID Nos.95/2013. The Labour Court vide Award dated 11.04.2018 directed this Petitioner to pay the compensation of Rs.2,00,000/- to the 1st Respondent. Being aggrieved by the Award of the Labour Court in awarding for payment of Compensation, the Petitioner approached this Hon'ble Court in WP No. 30042/2018. During pendency of the above Writ Petition, all the parties expressed their intention to resolve the issue in question and settle the issue amicably. In this background both the parties after threadbare discussions along with their counsels and on the suggestions of this Hon'ble Court agreed to settle the present Writ Petition and also the Claims of the 1st Respondent against 2nd Respondent before the Labour Court and before this Hon'ble Court under the following terms and conditions.
1. The Petitioner for and on behalf 2nd Respondent herein agreed to pay an amount of Rs. 1,75,000/(Rupees One Lakh Seventy five thousand Only) to the 1st Respondent workman as one time full and final settlement towards all his claims/demand in the ID No. 95/2013; Award passed in the said dispute, Claim and demand made in the above Writ Petition (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein.
2. The 1st Respondent workman agreed unconditionally to receive the sum of Rs.1,75,000/(Rupees One Lakh Seventy Five Thousand Only) towards full and final settlement of all his claims/demands in the ID No.95/2013; Award passed in the said dispute, which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein. Further, 1st Respondent hereby agreed to withdraw any and all
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
disputes or claim/Petitions/complaints filed before any forum/court/authority against Petitioner and 2nd Respondent. In the event of not withdrawing such Petition/ complaints will become infructuous by virtue of this settlement
3. The 1st Respondent workman has agreed to give up his claim for reinstatement with full back wages, all other consequential benefits and any other benefits/claims/demands in whatsoever manner against the Petitioner and the 2nd Respondent before court of law/authority/forum either by himself or his representatives (includes his successors, assigns or any family members).
4. The Petitioner herein paying the agreed full and final settlement amount Rs. 1,75,000/- (Rupees One Lakh Seventy-five thousand Only) to the 1st Respondent workman by way of Cheque Bearing No. 649049 for Rs.1,00,000/- (Rupees One Lakh) and another cheque bearing No. 649050 for Rs.75,000/- (Rupees Seventy Five Thousand).
5. The 1st Respondent workman received the above said amount towards full and final settlement as claimed and as demanded in the dispute before Labour Court and as well in the Writ Petition which including claim for re-instatement with full back wages and all other consequential benefits, Bonus, Leave encashment and all other benefits as claimed before the Labour Court and before this Hon'ble Court and also the claim/demands which are not specifically mentioned herein, which including gratuity for subsequent to date of retrenchment. The 1st Respondent hereby agreeing to forego all his claims/demands of whatsoever nature against Petitioner and 2nd Respondent.
6. The 1st Respondent hereby agreed and confirmed that either himself or any of his representatives (includes his successors, assigns or any family members) will not make any more claim/demands in whatsoever manner against the Petitioner or the
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
2nd Respondent. Further, the 1st Respondent agreed that there exists no employer and employee relationship between the Petitioner and the 1st Respondent and the relationship of employer and employee between the 1st Respondent and 2nd Respondent ended on the date of issuance of retrenchment.
All the parties voluntarily agreed to sign this Joint memo of settlement.
In terms of the above Joint memo, both the parties respectfully prays that this Hon'ble Court be pleased to pass any appropriate order/judgment without costs, in the interest of justice and equity."
In WP No.30043/2018 & WP No.8156/2019:
"Background of settlement:
The 1st Respondent workman who was an employee of the 2nd Respondent, being aggrieved by the issuance of order of retrenchment dated 31.05.2013 by the 2nd Respondent has approached the Labour Court in ID Nos.96/2013. The Labour Court vide Award dated 11.04.2018 directed this Petitioner to pay the compensation of Rs.2,00,000/- to the 1st Respondent. Being aggrieved by the Award of the Labour Court in awarding for payment of Compensation, the Petitioner approached this Hon'ble Court in WP No. 30043/2018. The 1st Respondent also filed Writ Petition in WP No.8156/2019 for modification of the Award as prayed for in his Writ Petition. During pendency of the above Writ Petitions, all the parties expressed their intention to resolve the issue in question and settle the issue amicably. In this background both the parties after threadbare discussions along with their counsels and on the suggestions of this Hon'ble Court agreed to settle the present Writ Petition and also the Claims of the 1st Respondent against 2nd Respondent before the Labour Court and before this Hon'ble Court under the following terms and conditions.
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
1. The Petitioner for and on behalf 2nd Respondent herein agreed to pay an amount of Rs. 1,75,000/(Rupees One Lakh Seventy five thousand Only) to the 1st Respondent workman as one time full and final settlement towards all his claims/demand in the ID No. 96/2013; Award passed in the said dispute, Claim and demand made in the above Writ Petition (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein.
2. The 1st Respondent workman agreed unconditionally to receive the sum of Rs.1,75,000/(Rupees One Lakh Seventy Five Thousand Only) towards full and final settlement of all his claims/demands in the ID No.96/2013; Award passed in the said dispute, Claim and demand made in the Writ Petition No.8156/2019 (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein. Further, 1st Respondent hereby agreed to withdraw any and all disputes or claim/Petitions/complaints filed before any forum/court/authority against Petitioner and 2nd Respondent. In the event of not withdrawing such Petition/ complaints will become infructuous by virtue of this settlement
3. The 1st Respondent workman has agreed to give up his claim for reinstatement with full back wages, all other consequential benefits and any other benefits/claims/demands in whatsoever manner against the Petitioner and the 2nd Respondent before court of law/authority/forum either by himself or his representatives (includes his successors, assigns or any family members).
4. The Petitioner herein paying the agreed full and final settlement amount Rs. 1,75,000/- (Rupees One Lakh Seventy-five thousand Only) to the 1st
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
Respondent workman by way of Cheque Bearing No. 649041 for Rs.1,00,000/- (Rupees One Lakh) and another cheque bearing No. 649042 for Rs.75,000/- (Rupees Seventy Five Thousand).
5. The 1st Respondent workman received the above said amount towards full and final settlement as claimed and as demanded in the dispute before Labour Court and as well in the Writ Petition which including claim for re-instatement with full back wages and all other consequential benefits, Bonus, Leave encashment and all other benefits as claimed before the Labour Court and before this Hon'ble Court and also the claim/demands which are not specifically mentioned herein, which including gratuity for subsequent to date of retrenchment. The 1st Respondent hereby agreeing to forego all his claims/demands of whatsoever nature against Petitioner and 2nd Respondent.
6. The 1st Respondent hereby agreed and confirmed that either himself or any of his representatives (includes his successors, assigns or any family members) will not make any more claim/demands in whatsoever manner against the Petitioner or the 2nd Respondent. Further, the 1st Respondent agreed that there exists no employer and employee relationship between the Petitioner and the 1st Respondent and the relationship of employer and employee between the 1st Respondent and 2nd Respondent ended on the date of issuance of retrenchment.
All the parties voluntarily agreed to sign this Joint memo of settlement.
In terms of the above Joint memo, both the parties respectfully prays that this Hon'ble Court be pleased to pass any appropriate order/judgment without costs, in the interest of justice and equity."
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
In WP No.30044/2018 & WP NO.8155/2019:
"Background of settlement:
The 1st Respondent workman who was an employee of the 2nd Respondent, being aggrieved by the issuance of order of retrenchment dated 31.05.2013 by the 2nd Respondent has approached the Labour Court in ID Nos.99/2013. The Labour Court vide Award dated 11.04.2018 directed this Petitioner to pay the compensation of Rs.2,00,000/- to the 1st Respondent. Being aggrieved by the Award of the Labour Court in awarding for payment of Compensation, the Petitioner approached this Hon'ble Court in WP No. 30044/2018. The 1st Respondent also filed Writ Petition in WP No.8155/2019 for modification of the Award as prayed for in her Writ Petition. During pendency of the above Writ Petitions, all the parties expressed their intention to resolve the issue in question and settle the issue amicably. In this background both the parties after threadbare discussions along with their counsels and on the suggestions of this Hon'ble Court agreed to settle the present Writ Petition and also the Claims of the 1st Respondent against 2nd Respondent before the Labour Court and before this Hon'ble Court under the following terms and conditions.
1. The Petitioner for and on behalf 2nd Respondent herein agreed to pay an amount of Rs. 1,75,000/(Rupees One Lakh Seventy five thousand Only) to the 1st Respondent workman as one time full and final settlement towards all his claims/demand in the ID No. 99/2013; Award passed in the said dispute, Claim and demand made in the above Writ Petition (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein.
2. The 1st Respondent workman agreed unconditionally to receive the sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) towards full and final settlement of all his claims/demands in the ID
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
No.99/2013; Award passed in the said dispute, Claim and demand made in the Writ Petition No.8155/2019 (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein. Further, 1st Respondent hereby agreed to withdraw any and all disputes or claim/Petitions/complaints filed before any forum/court/authority against Petitioner and 2nd Respondent. In the event of not withdrawing such Petition/ complaints will become infructuous by virtue of this settlement
3. The 1st Respondent workman has agreed to give up his claim for reinstatement with full back wages, all other consequential benefits and any other benefits/claims/demands in whatsoever manner against the Petitioner and the 2nd Respondent before court of law/authority/forum either by himself or his representatives (includes his successors, assigns or any family members).
4. The Petitioner herein paying the agreed full and final settlement amount Rs. 1,75,000/- (Rupees One Lakh Seventy-five thousand Only) to the 1st Respondent workman by way of Cheque Bearing No. 649039 for Rs.1,00,000/- (Rupees One Lakh) and another cheque bearing No. 649040 for Rs.75,000/(Rupees Seventy Five Thousand).
5. The 1st Respondent workman received the above said amount towards full and final settlement as claimed and as demanded in the dispute before Labour Court and as well in the Writ Petition which including claim for re-instatement with full back wages and all other consequential benefits, Bonus, Leave encashment and all other benefits as claimed before the Labour Court and before this Hon'ble Court and also the claim/demands which are not specifically mentioned herein, which including gratuity for subsequent to date of retrenchment. The 1st Respondent hereby agreeing to forego all his
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
claims/demands of whatsoever nature against Petitioner and 2nd Respondent.
6. The 1st Respondent hereby agreed and confirmed that either himself or any of his representatives (includes his successors, assigns or any family members) will not make any more claim/demands in whatsoever manner against the Petitioner or the 2nd Respondent. Further, the 1st Respondent agreed that there exists no employer and employee relationship between the Petitioner and the 1st Respondent and the relationship of employer and employee between the 1st Respondent and 2nd Respondent ended on the date of issuance of retrenchment.
All the parties voluntarily agreed to sign this Joint memo of settlement.
In terms of the above Joint memo, both the parties respectfully prays that this Hon'ble Court be pleased to pass any appropriate order/judgment without costs, in the interest of justice and equity."
In WP No.30047/2018:
"Background of settlement:
The 1st Respondent workman who was an employee of the 2nd Respondent, being aggrieved by the issuance of order of retrenchment dated 31.05.2013 by the 2nd Respondent has approached the Labour Court in ID Nos.94/2013. The Labour Court vide Award dated 11.04.2018 directed this Petitioner to pay the compensation of Rs.2,00,000/- to the 1st Respondent. Being aggrieved by the Award of the Labour Court in awarding for payment of Compensation, the Petitioner approached this Hon'ble Court in WP No. 30047/2018. During pendency of the above Writ Petition, all the parties expressed their intention to resolve the issue in question and settle the issue amicably. In this background both the parties after threadbare discussions along with their counsels and on the suggestions of this
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
Hon'ble Court agreed to settle the present Writ Petition and also the Claims of the 1st Respondent against 2nd Respondent before the Labour Court and before this Hon'ble Court under the following terms and conditions.
1. The Petitioner for and on behalf 2nd Respondent herein agreed to pay an amount of Rs. 1,75,000/(Rupees One Lakh Seventy five thousand Only) to the 1st Respondent workman as one time full and final settlement towards all his claims/demand in the ID No. 94/2013; Award passed in the said dispute, Claim and demand made in the above Writ Petition (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein.
2. The 1st Respondent workman agreed unconditionally to receive the sum of Rs.1,75,000/(Rupees One Lakh Seventy Five Thousand Only) towards full and final settlement of all his claims/demands in the ID No.94/2013; Award passed in the said dispute, which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein. Further, 1st Respondent hereby agreed to withdraw any and all disputes or claim/Petitions/complaints filed before any forum/court/authority against Petitioner and 2nd Respondent. In the event of not withdrawing such Petition/ complaints will become infructuous by virtue of this settlement
3. The 1st Respondent workman has agreed to give up his claim for reinstatement with full back wages, all other consequential benefits and any other benefits/claims/demands in whatsoever manner against the Petitioner and the 2nd Respondent before court of law/authority/forum either by himself or his representatives (includes his successors, assigns or any family members).
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
4. The Petitioner herein paying the agreed full and final settlement amount Rs. 1,75,000/- (Rupees One Lakh Seventy-five thousand Only) to the 1st Respondent workman by way of Cheque Bearing No. 649043 for Rs.1,00,000/- (Rupees One Lakh) and another cheque bearing No. 649044 for Rs.75,000/- (Rupees Seventy Five Thousand).
5. The 1st Respondent workman received the above said amount towards full and final settlement as claimed and as demanded in the dispute before Labour Court and as well in the Writ Petition which including claim for re-instatement with full back wages and all other consequential benefits, Bonus, Leave encashment and all other benefits as claimed before the Labour Court and before this Hon'ble Court and also the claim/demands which are not specifically mentioned herein, which including gratuity for subsequent to date of retrenchment. The 1st Respondent hereby agreeing to forego all his claims/demands of whatsoever nature against Petitioner and 2nd Respondent.
6. The 1st Respondent hereby agreed and confirmed that either himself or any of his representatives (includes his successors, assigns or any family members) will not make any more claim/demands in whatsoever manner against the Petitioner or the 2nd Respondent. Further, the 1st Respondent agreed that there exists no employer and employee relationship between the Petitioner and the 1st Respondent and the relationship of employer and employee between the 1st Respondent and 2nd Respondent ended on the date of issuance of retrenchment.
All the parties voluntarily agreed to sign this Joint memo of settlement.
In terms of the above Joint memo, both the parties respectfully prays that this Hon'ble Court be pleased to pass any appropriate order/judgment without costs, in the interest of justice and equity."
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
In WP No.30049/2018:
"Background of settlement:
The 1st Respondent workman who was an employee of the 2nd Respondent, being aggrieved by the issuance of order of retrenchment dated 31.05.2013 by the 2nd Respondent has approached the Labour Court in ID Nos.100/2013. The Labour Court vide Award dated 11.04.2018 directed this Petitioner to pay the compensation of Rs.2,00,000/- to the 1st Respondent. Being aggrieved by the Award of the Labour Court in awarding for payment of Compensation, the Petitioner approached this Hon'ble Court in WP No. 30049/2018. During pendency of the above Writ Petition, all the parties expressed their intention to resolve the issue in question and settle the issue amicably. In this background both the parties after threadbare discussions along with their counsels and on the suggestions of this Hon'ble Court agreed to settle the present Writ Petition and also the Claims of the 1st Respondent against 2nd Respondent before the Labour Court and before this Hon'ble Court under the following terms and conditions.
1. The Petitioner for and on behalf 2nd Respondent herein agreed to pay an amount of Rs. 1,75,000/(Rupees One Lakh Seventy five thousand Only) to the 1st Respondent workman as one time full and final settlement towards all his claims/demand in the ID No. 100/2013; Award passed in the said dispute, Claim and demand made in the above Writ Petition (filed by workman) which including Claim for reinstatement with full back wages and all other consequential benefits and any other order/claims which is not specified herein.
2. The 1st Respondent workman agreed unconditionally to receive the sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) towards full and final settlement of all his claims/demands in the ID No.100/2013; Award passed in the said dispute, which including Claim for reinstatement with full back wages and all other consequential benefits and
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
any other order/claims which is not specified herein. Further, 1st Respondent hereby agreed to withdraw any and all disputes or claim/Petitions/complaints filed before any forum/court/authority against Petitioner and 2nd Respondent. In the event of not withdrawing such Petition/ complaints will become infructuous by virtue of this settlement
3. The 1st Respondent workman has agreed to give up his claim for reinstatement with full back wages, all other consequential benefits and any other benefits/claims/demands in whatsoever manner against the Petitioner and the 2nd Respondent before court of law/authority/forum either by himself or his representatives (includes his successors, assigns or any family members).
4. The Petitioner herein paying the agreed full and final settlement amount Rs. 1,75,000/- (Rupees One Lakh Seventy-five thousand Only) to the 1st Respondent workman by way of Cheque Bearing No. 649047 for Rs.1,00,000/- (Rupees One Lakh) and another cheque bearing No. 649048 for Rs.75,000/(Rupees Seventy Five Thousand).
5. The 1st Respondent workman received the above said amount towards full and final settlement as claimed and as demanded in the dispute before Labour Court and as well in the Writ Petition which including claim for re-instatement with full back wages and all other consequential benefits, Bonus, Leave encashment and all other benefits as claimed before the Labour Court and before this Hon'ble Court and also the claim/demands which are not specifically mentioned herein, which including gratuity for subsequent to date of retrenchment. The 1st Respondent hereby agreeing to forego all his claims/demands of whatsoever nature against Petitioner and 2nd Respondent.
6. The 1st Respondent hereby agreed and confirmed that either himself or any of his representatives (includes his successors, assigns or any family
WP No. 30040 of 2018 C/W.WP Nos.30041/2018, 30042/2018 30043/2018, 30044/2018, 30047/2018, 30049/2018, 8155/2019 & 8156/2019
members) will not make any more claim/demands in whatsoever manner against the Petitioner or the 2nd Respondent. Further, the 1st Respondent agreed that there exists no employer and employee relationship between the Petitioner and the 1st Respondent and the relationship of employer and employee between the 1st Respondent and 2nd Respondent ended on the date of issuance of retrenchment.
All the parties voluntarily agreed to sign this Joint memo of settlement.
In terms of the above Joint memo, both the parties respectfully prays that this Hon'ble Court be pleased to pass any appropriate order/judgment without costs, in the interest of justice and equity."
2. The presence of the parties is taken on record.
Sd/JUDGE
KA
M/S. BIOPLUS LIFE SCIENCES PVT. LTD.
VENKATESHAPPA N. C.
M/S. PHARMED MEDICARE PVT. LTD.
MUNIRAJU H.
MUNIYAPPA G.
DHANRAJ N.
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
