Writ petition challenging a CGIT-cum-Labour Court award was amicably settled by joint memo; management paid Rs.5,00,000 in full and final settlement to the workwoman, terminating employer-employee relationship.
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.
NC: 2024:KHC:40940 WP No. 9801 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.9801 OF 2016 (L-RES)
BETWEEN:
MANIPAL UNIVERSITY MAZDOOR UNION ® C/O. B.M.S. OFFICE, FELIX PAI BAZAAR, MANGALORE-575 001, BY ITS GENERAL SECRETARY, K.N. PURUSHOTHAM, AGED ABOUT 57 YEARS. ... PETITIONER
(BY SRI NAGABHUSHAN H.K., ADVOCATE)
AND:
MANIPAL UNIVERSITY MADHAVA NAGAR, MANIPAL – 576 104, UDUPI DISTRICT, KARNATAKA STATE, BY THE REGISTRAR. ... RESPONDENT
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
(BY SRI SOMASHEKAR, ADVOCATE FOR S.N. MURTHY ASSOCIATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE AWARD AT C.R. NO.49/2009 ANNEXURE-A DATED 02.06.2015.
THIS WRIT 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
Joint memo is filed duly signed by Sabitha Poojarthy, Junior General Worker and the Registrar, Manipal Academy of Higher Education, Manipal stating that they have settled the matter amicably.
“1. The respondent management has agreed to pay an amount of Rs.5,00,000/- (Rupees five lakhs only) vide Cheque No.049990 dated 28.09.2024 drawn on ICICI Bank, Manipal Branch, Manipal drawn in favour of Smt.Sabitha Poojarthy in full and final settlement of all her claims against the respondent management including back-wages, leave wages, bonus, compensation in lieu of reinstatement and gratuity;
2. Smt.Sabitha Poojarthy has agreed to receive the amount indicated in clause (1) above in full and final settlement of all her claims against the respondent management including claim to backwages, leave wages, bonus, compensation in lieu of reinstatement and gratuity;
3. It is agreed that the cheque for Rs.5,00,000/as detailed in clause (1) above will be handed over to Smt.Sabitha Poojarthy after the disposal of the writ petition by the Hon’ble High Court of Karnataka in terms of this settlement.
4. It is agreed between the parties that this settlement terminates the jural relationship of employer-employee between Smt.Sabitha Poojarthy and the respondent management;
5. It is agreed that Smt.Sabitha Poojarthy shall have no more claims either monetary or otherwise against the respondent in respect of her employment or non-employment;
6. It is agreed between the parties that Smt.Sabitha Poojarthy is not entitled to either reinstatement or reinstatement or fresh employment in the respondent establishment or any other establishment of the respondent.
7. The parties have signed this joint memo at Manipal and their respective Advocates have signed at Bengaluru. Since, it is mentioned that Smt.Sabitha Poojarthy is unable to travel to Bengaluru to be present before the Hon’ble High Court of Karnataka when this Joint Memo is recorded, the General Secretary of the petitioner
NC: 2024:KHC:40940 WP No. 9801 of 2016
union who is party to this joint memo as petitioner will be present during the disposal of the writ petition.
8. Both the parties humbly pray that this Hon’ble Court may be pleased to substitute the award dated 13.04.2015 in C.R.No.49/2009 passed by the Central Government Industrial Tribunal (CGIT)-cum Labour Court at Annexure ‘A’ to the writ petition in terms of this Joint Memo in the interest of justice and equity.”
is present before the Court, the petitioner-Sabitha Poojarthy on whose behest the dispute was raised, is present in the respondent-establishment through video conference, she has been duly identified by the petitioner’s counsel.
Poojarthy is handed over to Sri Purushotham, General Secretary, who is present before the Court.
NC: 2024:KHC:40940 WP No. 9801 of 2016
stands disposed of and the award of the CGIT-cum-
Labour Court stands modified subject to the realization of
the aforesaid cheque.
Sd/(K.S. HEMALEKHA) JUDGE
MBM
List No.: 1 Sl No.: 37
1 provisions across 1 enactments
Manipal University Mazdoor Union (R)
Manipal University, Madhava Nagar, Manipal, by the Registrar
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
