Disposed

The President v. Late Sri Krishna Hari Shanbhag

Karnataka HC9 Aug 2024WP/15033/2024

Case brief

AI extract

What is this about?

A cooperative bank challenged an order directing reinstatement of a dismissed employee, confirmed by the Karnataka Appellate Tribunal. After the employee died and his legal heirs were brought on record, the parties settled: the bank paid Rs.15,00,000 equally to three heirs in full and final settlement, and the writ petition was disposed of in terms of the joint memo.

What did the court decide?

Writ petition disposed of in terms of joint memo; bank paid Rs.15 lakh equally (Rs.5 lakh each) to three legal heirs in full and final settlement.

The President Vs Late Sri Krishna Hari Shanbhag — Cooperative Societies | Karnataka HC (2024)

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NC: 2024:KHC:31914 WP No. 15033 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 15033 OF 2024 (S-RES)

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BETWEEN:

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THE PRESIDENT SIRSI URBAN SAHAKARI BANK LTD., POST BOX NO.1, RAYARPETH, SIRSI 581 401 (U.K).

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THE PETITIONER IS A COOPERATIVE BANK REGISTERED UNDER KCS ACT 1961 REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI. ARATI S SHETTAR

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…PETITIONER

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(BY SRI. B.C. PRABHAKAR., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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LATE SRI. KRISHNA HARI SHANBHAG, NO.29/19, NEW NO.1432, GROUND FLOOR, 12^TH MAIN, 1^ST BLOCK, RAJAJINAGAR, BENGALURU 560 010.

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SINCE DECEASED BY ITS LEGAL HEIRS

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1(A) SMT. SADHANA U SHANBHAG 1(B) SRI. HARISH K SHANBHAG 1(C) SRI. ATHMANANDA K SHANBHAG

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ALL ARE RESIDING AT NO.100A, 24^TH CROSS, 2^ND BLOCK,

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2 - NC: 2024:KHC:31914 WP No. 15033 of 2024

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RAJAJINAGAR,

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BENGALURU 560 010.

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THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441) ARBITRATION COURT, KARNATAKA STATE CO-OP., URBAN BANKS FEDERATION LTD., NO.132, 2ND FLOOR, K.H.ROAD, BENGALURU 560 027

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…RESPONDENTS

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(BY SRI. DAYANAND S PATIL., ADVOCATE FOR C/R1(A TO C); SRI. PRINCE ISAC, AGA FOR R2)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS LEADING TO THE PASSING OF THE FOLLOWING ORDERS .a) ORDER DATED 21/03/2023 PASSED BY THE SECOND RESPONDENT IN NO. JRD/UBF/288/2005-06 (ANNEXURE-A) AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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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 has challenged an order dated 21.03.2023 passed by the respondent No.2 which was confirmed by the Karnataka Appellate Tribunal vide order dated 13.03.2024 in Appeal No.126/2023.

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NC: 2024:KHC:31914 WP No. 15033 of 2024

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2. The facts in brief are that the deceased respondent No.1 was dismissed from service and on an appeal before the respondent No.2, he had passed an order directing reinstatement of deceased - respondent No.1, which was unsuccessfully challenged by the petitioner herein before the Karnataka Appellate Tribunal.

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3. During the pendency of the proceedings the respondent No.1 died and his children are brought on record.

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4. When this petition is listed for orders, the parties have entered into a settlement and filed a joint memo which reads as follows:-

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"In this Writ Petition the Petitioner has challenged the

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legality and correctness of the following orders;

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a) Order dated: 21.3.2023 passed by the Second Respondent in No.JRD/UBF/288/2005-06 (Annexure-A)

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b) Order dated: 13.3.2024 passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No.126/2023 (Annexure-R)

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2. The Writ Petition was listed for preliminary hearing on 10.6.2024. Respondent 1(a) 1(b) & 1(c) had entered caveat through their counsel. After hearing both the sides, this Hon'ble Court was pleased to stay the operation of the orders impugned with a liberty to the Respondents to move the Court for reporting settlement after obtaining the Board approval to pay the lump sum amount of Rs.15,00,000/-.

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3. Whereas the Board of Directors of the Petitioner's Bank in the meeting held on 28.6.2024 have agreed to pay a lump sum amount of Rs.15,00,000/- (Rupees Fifteen Lakh only) in full and final settlement of all the claims including statutory benefits with a view to put an end to the litigation.

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4. Whereas, the First Respondent died during the pendency of the dispute. Therefore, his legal heirs were brought on record as Respondent 1(a) 1(b) & 1(c) to prosecute the dispute.

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NC: 2024:KHC:31914 WP No. 15033 of 2024

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5. Whereas it is agreed to distribute the lump sum amount equally to the legal heirs ie Rs.5,00,000/- each to Respondent 1(a) Respondent No.1(b) and Respondent No.1 (c) in full and final settlement of all the claims including Statutory benefits claim.

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6. Whereas it is agreed to prepare 3 different demand drafts for Rs.5.00 lakh each to be handed over to each of the three legal heirs at the time of reporting settlement before this Hon'ble Court.

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7. Whereas, it is agreed that the Respondent Nos. 1(a) 1(b) and 1(c) have no further claim whatsoever after the receipt of the lump sum as indicated above.

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8. Whereas, it is also agreed and accepted by the Respondent Nos. 1(a) 1(b) and 1(c) and their representatives and agent that they shall not in any way by whatsoever means publicize by way of printing or broadcasting or telecasting the matters involved in the Dispute at Annexure-A & Annexure-R and the subject mentioned in this Joint Memo of Settlement in such public gatherings, medias like print or digital or social to make unlawful gain and sympathy whatsoever and use it to tarnish the image and thereby causing to bring down the dignity, name and fame of the Petitioner Bank and its past and present Directors, Officers and staffs.

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Wherefore both the parties respectfully pray that this Hon'ble Court may be pleased to dispose of the Writ Petition in terms of this Joint Memo of Settlement and modify the orders impugned (Annexure A & R) also in terms of the Joint Memo of Settlement in the interest of justice and equity.

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5. As a result of the settlement, the petitioner has agreed

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to pay a sum of Rs.15,00,000/- to the legal representatives of the respondent No.1 in equal proportions.

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The legal representatives of respondent No.1 are present

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and they have accepted the terms of the joint memo and in token of such acceptance, they have signed the order sheet of this Court.

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5 - NC: 2024:KHC:31914 WP No. 15033 of 2024

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7. The petitioner has handed over three demand drafts for a sum of Rs.5,00,000/- each to the legal representatives of the deceased - respondent No.1, who are present in person as respondent Nos.1(a), 1(b) and 1(c) and they have acknowledged the receipt of three demand drafts towards full and final settlement of all their claim.

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8. In that view of the matter, the writ petition is disposed

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off in terms of the joint memo.

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Sd/(R. NATARAJ) JUDGE

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HJ/VS List No.: 1 Sl No.: 6

The President v. Late Sri Krishna Hari Shanbhag

Case brief

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The President v. Late Sri Krishna Hari Shanbhag

Case brief

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