Disposing a writ petition challenging a Labour Court award on retrenchment compensation, the High Court settled the dispute based on a joint memo where the employer paid Rs. 1,75,000 as full and final settlement.
Petition disposed on terms of joint settlement memo; Petitioner to pay Rs. 1,75,000 as full and final settlement.
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. 30048 of 2018
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. 30048 OF 2018 (L-RES)
BETWEEN:
…PETITIONER
(BY SRI.MANJUNATHA B., ADVOCATE)
AND:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. K.B.NARAYANA SWAMY, ADVOCATE FOR R1; SRI.J.N.NAVEEN, ADVOCATE FOR R2)
WP No. 30048 of 2018
THIS W.P. 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 AWARD 11.04.2018 PASSED BY THE SECOND ADDITIONAL LABOUR COURT, BANGALORE IN ID NO.97/2013 VIDE ANNEXURE – K; QUASH THE AWARD DATED 11.04.2018 PASSED BY THE SECOND ADDITIONAL LABOUR COURT, BANGALORE IN ID NO.97/2013 VIDE ANNEXURE – K AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
have filed a joint memo reporting the settlement.
The Joint Memo reads as under:
"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 No.97/2013. 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. 30048/2018. 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. 30048 of 2018
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. 97/2013; 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.97/2013; 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. 649033 for Rs.1,00,000/- (Rupees One Lakh) and another cheque bearing No. 649034 for Rs. 75,000/- (Rupees Seventy Five Thousand).
WP No. 30048 of 2018
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. 30048 of 2018
the contents of joint memo.
Sd/JUDGE
KA
M/S. Bioplus Life Sciences Pvt. Ltd.
Sri. Venkatesh Murthy R
M/S Pharmed Medicare Pvt. Ltd.
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
