Writ petition challenging a Labour Court award was settled by joint memos: eight respondents settled earlier, respondent No.3 agreed to a lump sum ex-gratia of Rs.3,60,000 in full and final settlement, and respondent No.5's whereabouts unknown; the petition stood disposed of with liberty to revive for respondent No.5.
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NC: 2024:KHC:33099 WP No. 29117 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 29117 OF 2017 (L-RES)
BETWEEN:
M/S A.T & S COMPANY LTD., NANJANGUD INDUSTRIAL AREA, NANJANGUD, REPRESENTED BY ITS MANAGING DIRECTOR.
…PETITIONER
(BY SRI. C.K. SUBRAMANYA, ADVOCATE FOR SRI. B.C. PRABHAKAR, ADVOCATE)
AND:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:33099 WP No. 29117 of 2017
1ST MAIN ROAD, 7TH CROSS, VIDYARANYAPURA, MYSORE - 570 002.
ALL ARE RESIDING AT NO.1047-45A, 1ST MAIN ROAD, 7TH CROSS, VIDYARANYAPURA, MYSORE - 570 002.
…RESPONDENTS
NC: 2024:KHC:33099 WP No. 29117 of 2017
(BY SRI. Y. D. HARSHA, ADVOCATE FOR R3, SRI. K. CHANDRASHEKAR, ADVOCATE FOR R5, VIDE ORDER DATED 15.04.2024, PETITION STANDS DISPOSED OF IN RESPECT OF R1, R2, R4 AND LRS' OF R7, R8 AND LRS' OF R9, R10 AND R11,
VIDE ORDER DATED 19.02.2018, R6 IS DELETED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO THE PASSING OF THE AWARD DATED 28.10.2016 PASSED BY THE LABOUR COURT, MYSORE IN REF NO. 37/2009 & IID NO. 96/2008 AT ANNEX-G AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
This Court on 15.04.2024 on the joint memo filed by the petitioner represented by its managing director and respondent Nos.1, 2, 4, legal heirs of respondent No.7, 8, legal heirs of respondent No.9, 10, and 11 disposed of the writ petition in respect of the said respondents and writ petition continued as against respondent Nos.3 and 5.
signed by the petitioner-M/S A. T. and S Company Ltd., represented by its managing director and respondent No.3.
" 3. It is submitted that during the pendency of the Writ Petition Respondent Nos. 1, 2, 4, 7, 8, 9, 10 & 11 have approached the Petitioners management and requested to amicably settle the matter. Accordingly, the matter was settled by way of filing Joint Memo of Settlement dated: 11.3.2024. This Hon'ble Court recorded the Joint Memo of Settlement in respect of the above 8 respondents on 15.04.2024.
4. Whereas the Third Respondent initially was not ready to agree for the settlement as in the case of the above said 8 Respondents. However, on 13.8.2024 the counsel appearing for the Third Respondent submitted before this Hon'ble Court that his client (Third Respondent) is ready to accept the settlement.
5. Though there is no employer and employee relationship still the Petitioner's
management considering the entire case on humanitarian grounds agreed to settle the matter by way of this Joint Memo of settlement.
6. It is agreed to pay a lump sum amount of Rs.3,60,000/- as ex-gratia to the Third Respondent in full and final settlement of all the claims.
7. On receiving the settlement amount, the Third Respondent has agreed that all his claims are settled in full and the same is treated as closed leaving no claim whatsoever either against M/s. Vishal Enterprises or against the Petitioners company towards employment, non-employment etc.,
8. 50% of the settlement amount of Rs.1,80,000/- (Rupees One lakh Eighty Thousand Only) bearing Cheque No.508917 drawn on Axis Bank dated 19.8.2024 in favour of the Third Respondent shall be paid immediately on recording the settlement by this Hon'ble Court. And
9. Remaining 50% of the settlement amount of Rs.1,80,000/- (Rupees One lakh Eighty Thousand only) bearing Cheque No.508917 drawn on Axis Bank dated 19.8.2024 in favour of Third Respondent shall be paid on filing a joint memo before the Hon'ble II Addl. Civil Judge (Sr.Dn) in the pending Ex.Ptn. No.509/2017."
Rs.1,80,000/- bearing cheque No.508917 drawn on Axis Bank dated 19.08.2024 in favour of respondent No.3 is handed over to respondent No.3. Remaining 50% of settlement amount of Rs.1,80,000/cheque dated
19.08.2024 is ready and to be paid in the pending execution petition No.509/2017.
disposed of.
known, is the submission of the petitioner's counsel and in paragraph No.2 of the joint memo of settlement dated
11.03.2024, it stated as under:
"2. During the pendency of the Writ Petition respondent Nos.7 and 9 died. Now their legal heirs have been brought on record. Respondent No.6 is deleted vide order dated: 19.2.2018 passed by this Hon'ble Court. The whereabouts of Respondent No.5 is not know."
disposed of with liberty to respondent No.5 to seek for
revival of the order only insofar as respondent No.5 is concerned.
NC: 2024:KHC:33099 WP No. 29117 of 2017
pending IA's, if any, would not survive for consideration.
Sd/(K.S. HEMALEKHA) JUDGE
AT List No.: 1 Sl No.: 22 CT: BHK
1 provisions across 1 enactments
M/S A.T & S Company Ltd., Nanjangud Industrial Area, represented by its Managing Director
A.T & S Drivers & Cleaners Association
Sri Vajeer
Sri Sundar H M.
Sri Rangaswamy
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
