Disposed

G Shivananda v. the Principal/Chairman

Karnataka HC3 Sept 2024WP/13196/2020

Case brief

AI extract

What is this about?

Petitioner sought reinstatement with back wages, promotions and dues including salary, PF, ERBS, gratuity, and quashing of memos dated 23.04.2005 and 06.02.2006. Respondents offered Rs.21,15,000 as full and final settlement; petitioner accepted, undertook to withdraw all claims, and the petition was disposed of per the joint memo.

What did the court decide?

Rs.19,00,000 paid via two cheques (total settlement Rs.21,15,000); full and final settlement of all claims per joint memo.

G Shivananda Vs the Principal/Chairman — Service and Employment | Karnataka HC (2024)

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1 - NC: 2024:KHC:35787 WP No. 13196 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 13196 OF 2020 (S-RES)

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BETWEEN:

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G. SHIVANANDA S/O. LATE GAVISIDDAIAH AGED ABOUT 54 YEARS, NO.L-10, BEHIND LADIES HOSTEL ROAD, SOUTH SIDE JNANABHARATHI POST, BANGALORE - 560 056

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…PETITIONER

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(BY SRI. G. SHIVANANDA (PARTY-IN-PERSON))

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AND:

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THE PRINCIPAL/CHAIRMAN DR. B.R. AMBEDKAR DENTAL COLLEGE AND HOSPITAL, NO.1/36, CLINE ROAD, COOKS TOWN, BANGALORE- 560005 RUN BY AS AND ET

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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THE CHAIRMAN/MANAGING TRUSTEE ANANDA SOCIAL AND EDUACTION TRUST (REGD) DR. B.R. AMBEDKAR MEDICAL COLLEGE CAMPUS, NO.24, KADUGONDANAHALLY BANGALORE - 560 045

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…RESPONDENTS

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(BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE FOR RESPONDENT NOS.1 AND 2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT DR. B.R. AMBEDKAR DENTAL COLLEGE, REPRESENTED BY ITS ADMINISTRATIVE OFFICER / PRINCIPAL / CHAIRMAN S. GURAPPAJI

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2 - NC: 2024:KHC:35787 WP No. 13196 of 2020

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TO REINSTATE ME IN MY JOB WITH BACK WAGES AND WITH TIME TO TIME PROMOTIONS (1) S. GURAPPAJI, ADMINISTRATIVE PRINCIPAL / CHAIRMAN OF M.R.A. DENTAL COLLEGE, RESPONDENT HEREIN IS TARGETED ME WITH AN MALAFIDE INTENTION AND ISSUED NOTICE ON 23.04.2005 IN MY FAVOUR BY GIVING BUNBURY REASONS AS I HAVE GONE OUT DURING WORKING HOURS AND NOT GIVEN MY SALARY TOO. FROM THAT DAY I AM DOING LEGAL FIGHT AGAINST HIM ANNEXURE-I AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner, appearing in person has sought for a direction to the respondents to reinstate him into service and grant time bound promotions. He has also sought for a direction to the respondents to pay 23 days earned salary, PF, ERBS, Gratuity. He has sought for a writ in the nature of certiorari to quash the memos dated 23.04.2005 and 06.02.2006 issued by the respondents asking him not to sign the attendance register and causing the petitioner of remaining absent unauthorisedly. He has sought for a direction to the respondents to pay his salary from 23.04.2005 till his reinstatement, along with interest.

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3 - NC: 2024:KHC:35787 WP No. 13196 of 2020

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Though the petitioner has sought for multifarious prayers during the course of a domestic enquiry against him, which are not clearly discernible from the petition, it appears that the petitioner is aggrieved by not only the steps taken against him during the course of the enquiry, but also nonpayment of certain dues to him and the consequent order of termination of his services.

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When this petition was listed for orders, the learned counsel for respondents offered to pay a lump sum amount instead of reinstating the petitioner into service. He after obtaining instructions from the respondents submitted that respondents are willing to pay Rs.21,15,000/- including Rs.2,15,000/- already paid to the petitioner. The petitioner who appeared in person accepted the offer of the respondents and agreed to receive a sum of Rs.21,15,000/- towards full and final settlement of all his claims against the respondentsmanagement. Accordingly, the respondents-management which had earlier paid a sum of Rs.2,15,000/- to the petitioner has today handed over two cheques bearing No.02105070 and 72020521 for a total sum of Rs.19,00,000/-, the receipt of which is acknowledged by the petitioner.

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NC: 2024:KHC:35787 WP No. 13196 of 2020

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The petitioner who is present in-person submits that he has no further claims against the respondentsmanagement and that he would withdraw all claims filed by him against the respondents-management in all Courts of law. He has also undertaken not to institute any further action in any Court in relation to his employment or back-wages etc., The petitioner who is present in-person submits that he has accepted the aforesaid cheques towards full and final settlement of all his claims against the respondentsmanagement. The petitioner and the respondents have filed a joint memo, which reads as follows:

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"The Respondents herein during pendency of the captioned proceedings on humanitarian grounds has resolved to pay the Petitioner a sum of Rs.19,00,000/- vide cheque Nos.02105070 and 72020521 on the condition that, the aforementioned sum would be towards full and final settlement towards the Petitioner's claim for back wages and employment benefits. The copies of the cheques are annexed along with the memo for the perusal of this Hon'ble court.

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The Petitioner shall not institute any further action in courts of law with regard to his employment and back wages with Respondents herein.

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5 - NC: 2024:KHC:35787 WP No. 13196 of 2020

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The Petitioner shall also undertake to withdraw all the pending legal proceedings before all courts in Bangalore and other places against the Respondents herein and its management or individual trustees/persons. The captioned joint memo may be taken on record by this Hon'ble court in the interest of Justice and equity."

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In that view of the matter, this petition is disposed off in terms of the joint memo.

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The petitioner has signed the order sheet of this Court in token of acceptance of the terms of the joint memo.

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In view of disposal of main petition, all pending applications consigned to the records.

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Sd/(R. NATARAJ) JUDGE

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List No.: 1 Sl No.: 12

G Shivananda v. the Principal/Chairman

Case brief

What is this about?

What did the court decide?

G Shivananda v. the Principal/Chairman

Case brief

What is this about?

What did the court decide?

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