Dismissed¶154

The Commissioner v. Rahim Abdulrahim S/O Khawjasab @Khajasaheb Tajimtark and Ors.

Karnataka HC11 Feb 2025WA/200303/2024

Case brief

AI extract

What is this about?

Karnataka HC (Kalaburagi Bench, DB: S.Sunil Dutt Yadav & Rajesh Rai K, JJ.), WA No.200303/2024, decided 11.02.2025 — Industrial Disputes Act s.33-C(2); Payment of Wages Act ss.15(2), 15(3); scope of Lok Adalath/joint-memo settlement limited to specified proceedings; waiver by subsequent settlement; reinstatement with full backwages; successive execution rounds; Vijayapura City Corporation watermen litigation since 1985/1986 termination.

What did the court decide?

Writ appeal dismissed; order of learned Single Judge confirmed; cost waived; Corporation directed to pay sums agreed under joint memos within 3 months. ¶154

The Commissioner Vs Rahim Abdulrahim S/O Khawjasab @Khajasaheb Tajimtark and Ors. — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal dismissed; order of learned Single Judge confirmed; cost waived; Corporation directed to pay sums agreed under joint memos within 3 months.

¶154

Issue for consideration

Whether the first settlement (31.01.2019) in Crl.Misc.Petition No.6/2011 and connected matters under the Payment of Wages Act was a full and final settlement of all claims arising from the Labour Court award in KID No.19/2004 and connected matters, thereby barring the second round of proceedings under Section 33-C(2) of the ID Act. +1 more

¶114

Court's answer

The joint memos expressly limited the first settlement to 'full and final settlement of amount awarded in respect of Crl.Misc.25/2006 only'; hence the contention that the settlement covered the entirety of claims under KID No.19/2004 and connected matters cannot be accepted, and the compromise must be accepted strictly in terms of the joint memo.

¶139

Ratio / Principle

By entering into a second settlement in the Section 33-C(2) proceedings, the Corporation waived its objection that the first settlement was a settlement of the entirety of the claim.

¶143

Key takeaways

The Division Bench is in full agreement with the findings of the learned Single Judge that the two settlements relate to separate and distinct periods (backwages till 2006 vs. dues after 01.05.2006), and the Single Judge's order does not call for interference.ratio¶154
The employer is directed to pay the sums agreed under the joint memos filed in the Section 33-C(2) proceedings as regards each workman, within three months from receipt of certified copy of the order.ratio¶271
Cost imposed by the learned Single Judge is waived.

Detailed headnote1 paragraphs

Writ Appeal by Commissioner, City Corporation, Vijayapura against Single Judge's rejection of its challenge to a second settlement in Section 33-C(2), Industrial Disputes Act, 1947 proceedings — HELD: The first-round settlement (31.01.2019) in execution of Payment of Wages Act orders (Crl.Misc.Petition No.6/2011 batch) was expressly limited by its terms to amounts awarded in those Criminal Miscellaneous cases only ('full and final settlement of amount awarded in respect of Crl.Misc.25/2006 only'), and did not extinguish the workmen's claims for wages for the period after 01.05.2006; the Corporation's entry into a second settlement in the Section 33-C(2) proceedings operated as a waiver of its objection that the first settlement covered the entirety of claims; the two settlements related to separate and distinct periods (backwages till 2006 versus dues after 01.05.2006); the Single Judge's order was confirmed, costs waived, and the Corporation directed to pay the sums agreed under the joint memos (Rs.6,66,874/- to Rs.24,02,618/- per workman with 9% interest) within three months.

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NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 11^TH DAY OF FEBRUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K WRIT APPEAL NO.200303 OF 2024 (L-ID)

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BETWEEN:

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THE COMMISSIONER CITY CORPORATION, VIJAYAPUR – 586101.

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…APPELLANT

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(BY SRI AMRESH S. ROJA, ADVOCATE)

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AND:

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Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA

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RAHIM ABDULRAHIM S/O KHAWJASAB @KHAJASAHEB TAJIMTARK AGE: 66 YEARS, OCC: RETIRED EMPLOYEE, R/O ASAR MAHAL, J.M. ROAD, VIJAYAPURA-584101.

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MALLIKARJUN @ MALAKARISIDDA S/O PARAMANAND @ PARAMANNA CHADCHAN, AGE: 70 YEARS, OCC: RETIRED EMPLOYEE, R/O ARAKERI, TQ. AND DIST. VIJAYAPUR-584101.

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ANAND

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S/O BASAAVARAJ KANTAPPAGOL @ BIRADAR, AGE: 43 YEARS, OCC: PRIVATE SERVICE, R/O NEAR SRI RAGHAVENDRA SWAMY TEMPLE, VIVITAGERI GALLI, VIJAYAPUR – 586101.

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NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

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SOUBHAGYAVATI W/O AMAGONDA TENANGI, D/O BASAVARAJ KANTAPPAGOL @ BIRADAR, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O SHASTRI NAGAR, ATHANI ROAD, VIJAYAPUR – 586101.

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JAYASHREE W/O BASAVARAJ KARIKOLLA, D/O BASAVARAJ KANTAPPAGOL @ BIRADAR, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O SHAHU NAGAR, VIJAYAPUR – 586101.

¶24

RAJASHRI W/O YALLAPPA BIRADAR, D/O BASAVARAJ KANTAPPAGOL @ BIRADAR, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O MALAKANADEVARHATTI, TQ. TIKOTA, DIST. VIJAYAPUR – 586101.

¶25

ASHOK S/O DUNDAPPA JADAV, AGE: 61 YEARS, OCC: SERVICE, R/O WARD NO.1, BASAVESHWAR COLONY, GYANGBAWDI, VIJAYAPURA – 586101.

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PRAKASH S/O SHANKAR SHINDE, AGE: 64 YEARS, OCC: RETIRED EMPLOYEE, R/O KUMBAR ONI, SOLAPUR ROAD, VIJAYAPURA – 586101.

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VISHNU S/O GYANAPPA HUNDEKAR, AGE: 65 YEARS, OCC: RETIRED EMPLOYEE, R/O WARD NO.2, DARGA JAIL ROAD, VIJAYAPUR- 586101.

¶28

NINGAPPA S/O HANAMANT BESANAKKI @ BASANAKKI, AGE: 66 YEARS, OCC: RETIRED EMPLOYEE, R/O BHUTANAL L.T., TQ. AND DIST. VIJAYAPUR – 586101.

¶29

MARAVVA S/O BHEEMAPPA CHALWADI W/O BHEEMAPPA HATTALLI, AGE: 67 YEARS. OCC: RETIRED EMPLOYEE,

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NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

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R/O NANI RANI BHAGICHA, WARD NO. 14, STATION ROAD, VIJAYAPURA – 586101.

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JATTEPPA S/O MUDAGOUDAPPA @ MUDIGOUDAPPA WALIKAR @ VALIKAR, AGE: 66 YEARS, OCC: RETIRED EMPLOYEE, R/O KADANI, TQ. SINDAGI, DIST. VIJAYAPUR – 586101.

¶34

KEDARI S/O APPA JADHAV, AGE: 66 YEARS, OCC: RETIRED EMPLOYEE, R/O ARAKERI, TQ. AND DIST. VIJAYAPUR – 586101.

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HANUMANTH S/O SIDDAPPA @ SIDARAYA NAIKODI, AGE: 61 YEARS, OCC: SERVICE, R/O ARAKERI, TQ. AND DIST. VIJAYAPURA – 586101.

¶36

MAMTAJ W/O ALLABAKSHA ALMEL, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O NEAR KHWAJAMEEN DARGA, BENKI DODDI, VIJAYAPUR – 586101.

¶37

MOHSIN KHAN S/O ALLABAKSH ALMEL, AGE: 36 YEARS, OCC: PRIVATE SERVICE, R/O NEAR KHWAJAMEEN DARGA, BENKI DODDI, VIJAYAPUR 86101.

¶38

MINAJ W/O KOUSAR ATTAR, D/O ALLABAKSH ALMEL, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O NEAR KHWAJAMEEN DARGA, BENKI DODDI, VIJAYAPUR – 586101.

¶39

ALFIYA W/O IMTIYAZ TAMBOLI, D/O ALLABAKSH ALMEL, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O NEAR KHWAJAMEEN DARGA,

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NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

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BENKI DODDI, VIJAYAPUR – 586101.

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MUDUKAPPA S/O BASAPPA AMBIGER, AGE: 60 YEARS, OCC: NIL, R/O WARD NO.4, BHUTNAL L.T., VIJAYAPUR – 586101.

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…RESPONDENTS

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(BY SRI P. VILAS KUMAR, SR. ADVOCATE FOR SRI NITESH PADIYAL, ADVOCATE FOR R1)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO. 202284/2021 DATED 09.09.2024, AND THEREBY ALLOW THE WRIT PETITION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND

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HON'BLE MR JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE S.SUNIL DUTT YADAV)

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The present appeal is filed by the Commissioner, City Corporation, Vijayapura calling in question the correctness

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of the order passed by the learned Single Judge in W.P.No.202284/2021 dated 09.09.2024 whereby the

¶54

petition filed by the appellant seeking to set aside the order of settlement entered into in relation to the proceedings under Section 33-C(2) of the Industrial

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Disputes Act, 1947 (for short, ‘ID Act’) came to be rejected.

¶57

For the purpose of convenience, the appellantCommissioner, City Corporation, Vijayapura is referred as ‘Employer’ and private respondents as ‘Workmen’.

¶58

The facts leading to present round of litigation are that the workmen had joined the services of the employer as Watermen in the year 1985 and their services have been extended with benefit of Time Scales. It is asserted that the services of the workmen were orally terminated on 20.01.1986. In connection with such oral order of termination, the disputes were raised and

¶59

reference is made to the Labour Court for their retrenchment in KID No.196/1993 and connected matters. Initially the Labour Court at Hubli had awarded reinstatement of workmen into service with full backwages, continuity of service and all other consequential benefits. The said order came to be challenged by way of Writ Petition No.33816/1995 by the

¶60

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employer and the said Writ Petition, however, came to be rejected confirming the order of the Labour Court passed in KID No.196/1993 and connected matters.

¶62

The said order of the learned Single Judge was taken up before the Division Bench in W.A.No.8105/1999

¶63

and the matter was remanded to the Labour Court for fresh disposal. After remand, the Labour Court once again allowed the claim petition in respect of 17 workmen and set aside the order of dismissal and ordered for reinstatement with full backwages. It is stated that in order to implement the award of the Labour Court that had attained finality, the workmen initiated proceedings in Criminal Miscellaneous Petition No.19/2006 and connected

¶64

matters seeking for backwages and prospective wages. The said Criminal Miscellaneous Petitions were filed under the provisions of Payment of Wages Act, 1936 (for short, ‘the Act’). Copy of the applications filed under Section 15(2) of the Payment of Wages Act has been produced

¶65

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along with a memo and the prayers in the said applications are as follows:

¶68

In Crl.Misc.Nos.35/2006, 20/2006, 25/2006, 30/2006, 19/2006, 32/2006, 34/2006, 33/2006, 31/2006

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The petitioner prays that a direction may be issued under Sub-section 3 of Section 15 for:

¶70

a) Refund of the amount of Rs.7,22,338/- illegally deducted.

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b) Awarding of compensation not exceeding 10 times the claim.

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c) Awarding of 18% interest per annum throughout from the due date till the date of realization with costs.

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d) Allowing of amendments as and when felt necessary and fair.

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e) Awarding of such other reliefs to which the petitioner is entitled to from the facts and circumstances of the case.

¶75

In Crl.Misc.Nos.29/2006, 28/2006, 26/2006

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The petitioner prays that a direction may be issued under Sub-section 3 of Section 15 for:

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a) Refund of the amount of Rs.7,20,200/- illegally deducted.

¶78

b) Awarding of compensation not exceeding 10 times the claim.

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c) Awarding of 18% interest per annum throughout from the due date till the date of realization with costs.

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d) Allowing of amendments as and when felt necessary and fair.

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e) Awarding of such other reliefs to which the petitioner is entitled to from the facts and circumstances of the case.

¶83

In Crl.Misc.No.24/2006

¶84

The petitioner prays that a direction may be issued under Sub-section 3 of Section 15 for:

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a) Refund of the amount of Rs.9,35,666/- illegally deducted.

¶86

b) Awarding of compensation not exceeding 10 times the claim.

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c) Awarding of 18% interest per annum throughout from the due date till the date of realization with costs.

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d) Allowing of amendments as and when felt necessary and fair.

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e) Awarding of such other reliefs to which the petitioner is entitled to from the facts and circumstances of the case.

¶90

In the interregnum, the Corporation being

¶91

aggrieved by the order of the Labour Court filed W.P.No.18652/2006 challenging the award of the Labour Court passed consequent to remand, the same came to be dismissed. Subsequently, Writ Appeal No.10072/2010 was also filed which also came to be rejected. It is the

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assertion of the workmen that in the interregnum, Criminal Miscellaneous Petitions filed under Section 15(2) of the Payment of Wages Act also came to be allowed by order dated 15.07.2010. However, there was no satisfaction of the order passed in the said Criminal Miscellaneous Petitions and therefore, Criminal Miscellaneous Petition No.6/2011 and connected matters came to be filed.

¶94

The proceedings in Criminal Miscellaneous Petition No.6/2011 and connected matters was in the nature of execution in order to give effect to the orders passed in Criminal Miscellaneous Petition No.19/2006 and connected matters. It is submitted that during the pendency of the Criminal Miscellaneous Petition No.6/2011 and connected matters, garnishee orders were passed and against such proceedings, the Corporation had once again approached the writ Court and all such petitions filed by the Corporation came to be rejected. In the interregnum, the proceedings in Criminal Miscellaneous Petition

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No.6/2011 and connected matters progressed and in such proceedings, a joint memo came to be filed by both the parties in which settlement was arrived at. By virtue of the settlement in the Criminal Miscellaneous Petitions filed, approximately an amount of about Rs.15.00 lakhs was paid to each of the workmen. The said settlements were arrived on 31.01.2019.

¶97

It is stated that about 18 months later, the workmen initiated proceedings under Section 33-C(2) of the ID Act claiming wages with effect from 01.05.2006 till the date of retirement, death or reinstatement. The details of the claims are as follows:

¶98

Sl.No: as referred	Name of the	KID No:	Crl.Misc.No: Period	CRl.Misc. Recovery Pet.No:
in present WA.	Claimant		claimed
R-1.	Rahim @	KID No:	Crl.Misc.No:	Crl.Misc.No:
	Abdulrahim	24/2004	35/2006	19/2011
	Tajimtark		20.01.1988 to 30.04.2006	Recovery of amount awarded in Crl.Misc.35/2006
R-2.	Malliakrjun	KID No:	Crl.Misc.No:	Crl.Misc.No:

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	P.Chadchan	33/2004	29/2006 20.01.1988 to 30.04.2006	31/2011 Recovery of amount awarded in Crl.Misc.29/2006
R-3 to R-6	Basavaraj @ Basappa Kantappagol by LR’s Anand Kantappagol Smt.Soubha gyavati Tenangi Smt.Jayashr ee Karikola Smt.Rajashri Biradar	KID No: 20/2004	Crl.Misc.No: 24/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 15/2011 Recovery of amount awarded in Crl.Misc.24/2006
R-7	Ashok Dundappa Jadhav	KID No: 23/2004	Crl.Misc.No: 20/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 25/2011 Recovery of amount awarded in Crl.Misc.20/2006
R-8	Prakash Shindhe	KID No: 29/2004	Crl.Misc.No: 25/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 06/2011 Recovery of amount awarded in Crl.Misc.25/2006
R-9	Vishnu Hundekar	KID No: 30/2004	Crl.Misc.No: 30/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 14/2011 Recovery of amount awarded in Crl.Misc.30/2006
R-10	Ningappa Besanakki	KID No: 33/2004	Crl.Misc.No: 28/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 16/2011 Recovery of amount awarded in

¶101

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				Crl.Misc.28/2006
R-11	Marevva Chalwadi	KID No: 34/2004	Crl.Misc.No: 19/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 27/2011 Recovery of amount awarded in Crl.Misc.19/2006
R-12	Jatteppa Walikar	KID No: 27/2004	Crl.Misc.No: 32/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 19/2011 Recovery of amount awarded in Crl.Misc.32/2006
R-13	Kedari Appa Jadhav	KID.No: 26/2004	Crl.Misc.No: 34/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 22/2011 Recovery of amount awarded in Crl.Misc.34/2006
R-14	Hanumanth Nayakodi	KID.No: 31/2004	Crl.Misc.No: 33/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 26/2011 Recovery of amount awarded in Crl.Misc.33/2006
R-15 to R-18	Allbax Almel by LR’s Mamtaj Almel Mohsinkhan Almel Minaj Attar Alifiya Tamboli	KID No: 21/2004	Crl.Misc.No: 31/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 23/2011 Recovery of amount awarded in Crl.Misc.31/2006
R-19	Mudakappa Ambiger	KID.No: 33/2004	Crl.Misc.No: 26/2006 20.01.1988 to 30.04.2006	Crl.Misc.No: 42/2011 Recovery of amount awarded in Crl.Misc.26/2006

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It is the case of the Corporation that second

¶105

round of proceedings under Section 33-C(2) of the ID Act was not tenable as settlement was arrived at before the Lok Adalath insofar as proceedings in Criminal Miscellaneous Petition No.6/2011 and connected matters and accordingly, the second round of proceedings by initiation of proceedings under Section 33-C(2) of the ID

¶106

Act for the claim after first settlement arrived at is untenable. Further, during the proceedings under Section 33-C(2) of the ID Act, settlement was once again arrived

¶107

at between the Corporation and the Workmen and such validity of settlement came to be assailed in the writ proceedings in W.P.No.202284/2021.

¶108

Learned Single Judge by a detailed consideration has rejected the contentions of the Corporation. It was observed that the joint memo filed was clear and settlement was limited to the proceedings initiated under the Payment of Wages Act alone. Learned Single Judge has further observed that the second round

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of claims under Section 33-C(2) of the I.D. Act related to a subsequent period and was not barred. It was also observed that the quantification of claim under the Payment of Wages Act which was settled, could not extinguish the entirety of claims by the workmen and accordingly, the contention that the settlement was arrived at the first instance between the workmen and the Corporation as regards all claims was expressly rejected. The learned Single Judge has also observed that the settlement in 2019 was in respect of claim of backwages till the year 2006, whereas the second round of proceedings under Section 33-C(2) of the ID Act was with respect to amount due after 01.05.2006 and both claims being separate and distinct, the argument of the Corporation could not be accepted and accordingly, the Writ Petition was rejected.

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Learned counsel Sri.Amresh S. Roja, appearing

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for the Corporation has contended that the settlement arrived at the first instance in Criminal Miscellaneous

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Petition No.6/2011 and connected matters before the Lok Adalath was a settlement in entirety as regards all claims arising out of the award of the Labour Court in KID No.30/2004 and connected matters.

¶115

It is submitted that the workmen ought to have initiated proceedings only under Section 33-C(2) of the ID Act and the choice of proceedings under Section 15(2) of the Payment of Wages Act was inappropriate. It is also submitted that second settlement arrived at in the course of proceedings under Section 33-C(2) of the ID Act in the year 2020-21 was by the workmen in collusion with its employees and accordingly, the settlement is not binding on the Corporation.

¶116

It may not be necessary to reiterate the submissions made by the learned Senior Counsel for the workmen as the discussion below would deal with the contentions raised by the Corporation and refer to the contentions of the workmen as well.

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It is to be noticed that the order passed in KID

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No.19/2004 and connected matters has attained finality.

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The operative portion of the said award reads as follows:

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“These claim statements in KID – 25 & 28 of 2004 are hereby dismissed with no order as to costs.

¶122

The claim statements in KID Nos.19; 32; 23; 20; 34; 29; 30; 21; 27; 31; 26; 24; 22 & 33 of 2004 are hereby allowed with costs.

¶123

The claimants in KID Nos.23; 20; 29; 30; 21; 27; 31; 26; 24; & 33 of 2004 are ordered to be reinstated with full back wages from 1-1-1986 to till their date of reinstatement. All there claimants would be restored to same status as on the date of their termination.

¶124

Further these awards will not preclude the respondent Municipality from taking action in accordance with Sec.25 of the Act.

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The claimant in KID-22/2004 is entitled to back wages from 1-1-1986 till date of retirement with coasts.

¶126

The legal heirs of the claimants in KID No.19/2004 & KID-32/2004 are entitled to full back wages from 1-1-1986 till date of death..

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Keep the original award in KID-19/2004 and the Xerox copies thereof shall be kept in the connected matters.”

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It is clear that in terms of the order extracted

¶129

above, the workmen were to be reinstated to the same

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status as on the date of termination and that they were entitled for full backwages from 01.01.1986 till their date of reinstatement. It is to be noticed that the proceedings for execution of the order passed, under Section 15(2) of the Payment of Wages Act was sought to be enforced by way of proceedings in Criminal Miscellaneous Petition No.6/2011 and connected matters. During the pendency of

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such proceedings, the joint memo came to be filed. The joint memo reads as follows:

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“Herein, the Advocate for the Petitioner and Respondent No.1, most respectfully begs to submit as under:

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That, the top noted case has been filed by the Petitioner seeking recovery of wages awarded in Crl.Misc.No.25/2006, by the Hon’ble Prl.Sr.Civil Judge and CJM Vijayapur, vide its order dated 15.07.2010. In which the wages of the Petitioner had been claimed w.e.f. October-1988 to April2006. Now as per the compromise talks taken place on 10.01.2019 before this Hon’ble Court, the Respondent No.1, is praying a sum of Rs.15,00,000/, through Cheque bearing No.813122, dated 30.01.2019, of UCO Bank

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Vijayapur. The said amount is being paid towards full and final settlement of amount awarded in respect of Crl.Misc.No.25/2006, only.

¶137

Hence inview of the above said payment, the present petition may be disposed off as Compromised.”

¶138

It is to be noticed that clear wordings of the

¶139

joint memo would indicate, “The said amount is being paid towards full and final settlement of amount awarded in respect of Crl.Misc.25/2006 only. Hence, in view of the above said payment, the present petition may be disposed off as compromised”. Similar identical wordings are found in all of the joint memos. If that were to be so, the contention of the learned counsel for the Corporation that the settlement relates to the entirety of the claim under KID No.19/2004 and connected matters cannot be accepted and the compromise must be accepted strictly in terms of the joint memo.

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16. It is to be noticed that if it were the contention

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of the Corporation that the entirety of the claim was

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settled in Criminal Miscellaneous No. 6/2011 and connected matters, the question of the Corporation entering into another settlement in the proceedings under Section 33-C(2) of the ID Act would not have arisen. The fact that the Corporation has entered into second settlement has the effect of waiver of all of its objections on the ground that the first settlement was a settlement with regard to the entirety of claim in KID No.30/2004 and connected matters.

¶144

The learned Single Judge has dealt with all aspects of the matter in detail. The relevant observations of the learned Single Judge addressing the very same contention raised herein by the employer are as below:

¶145

“34. It is to be stated here that the workmen were entitled for not only reinstatement, but also backwages from 01.01.1986 till the date of reinstatement or death or retirement of workmen. In a proceeding which related to the claims for backwages that had been initiated under the Payment of Wages Act, the Corporation is now trying to contend that merely satisfying the sums

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¶147

payable under the award of reinstatement and full backwages, their liability stands extinguished. If this argument of the Corporation is to be accepted, it would tantamount to modifying the award of the Labour Court to one of just payment of backwages till the date of application filed under the Payment of Wages Act. This is obviously impermissible as an award of reinstatement with full backwages, which is specified to be paid till the date of reinstatement or retirement or death, would necessarily mean that the Corporation would have to pay the entire backwages that fall due till the workmen was either reinstated or died or retired.

¶148

It is for this reason that the workmen initiated the second round of proceedings under Section 33(c)(2) of the ID Act claiming wages payable pursuant to the periods specified in their earlier proceedings i.e., from 01.05.2006. In these proceedings, the Corporation entered into a settlement agreeing to pay the sums for the period subsequent to 01.05.2006. Hence, the Corporation cannot now be permitted to contend that they are not liable to pay any sums and all the claims were settled in the year 2019 itself.

¶149

36.xxxxx

¶150

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¶152

I am therefore of the view that the Corporation having entered into settlement in the second round of proceedings, which was for the dues which became due subsequent to 01.05.2006, cannot be permitted to escape its liability by contending that there was an earlier settlement in the year 2019.

¶153

To reiterate, the earlier settlement of the year 2019 was in respect of claim of backwages till the year 2006, whereas the second round of proceedings under Section 33(c)(2) of the ID Act was in respect of amounts due to the workmen after 01.05.2006. Both these claims being separate and distinct, the argument of the Corporation that they were due or hoodwinked by the workmen cannot be accepted. I, therefore, find no reason to entertain this writ petition and the same is accordingly dismissed.”

¶154

The findings of the learned Single Judge cannot be faulted and is an answer to all of the contentions of the employer. We are in full agreement with such findings. The order of the learned Single Judge does not call for any interference. Accordingly, the order of the learned Single Judge stands confirmed.

¶155

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¶156

The employer is directed to pay the sums agreed under the joint memo filed under the proceedings initiated under Section 33-C(2) of the I.D. Act as regards each of the workman. The details of the claims as regards each of the workman as per Annexures-N13 to N24 and the details of names of Claimants, KID Number and the period claimed are extracted below for reference:

¶157

“Annexure – N13 (Ashok S/o. Dundappa Jadhav)

¶158

JOINT MEMO

¶159

Herein the above named Applicant and Respondent most respectfully submits as under:-

¶160

That, the top noted case is filed by the Applicant, seeking arrears and as well as difference of wages due to him, to the tune Rs.17,31,623/-, with interest @ 18% Per annum from the date of disposal W.A.100072/2014 i,e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.17,31,623/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% awarded in earlier Criminal Misc. applications.

¶161

It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of settlement. (i,e., 08.02.2021).

¶162

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final

¶163

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¶164

settlement of claim amount involved in this Applicant i.e.,8/2020.

¶165

Wherefore both the parties pray, this Hon'ble court to pass an award /order as per the terms of this joint memo.

¶166

– Annexure N14 (Prakash S/o. Shankar Shindhe) JOINT MEMO

¶167

Herein the above named Applicant and Respondent most respectfully submits as under:-

¶168

That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f.June- 2006 to 31.12.2019, i,e till himself attaining the age of superannuation, to the tune of Rs.22,69,532/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e., Rs.22,69,532/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.

¶169

It is agreed by the Respondent No.1, that the above said sum with interest shall be deposited, within nine months from the date of this settlement. (i,e 08.02.2021)

¶170

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i,e 09/2020.

¶171

Wherefore both the parties pray, this Hon'ble court to pass an award /order as per the terms of this joint memo.

¶172

24 -

¶173

NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

¶174

Annexure – N15 (Vishnu S/o. Gyanappa Hundekar)

¶175

JOINT MEMO

¶176

Herein the above named Applicant and Respondent most respectfully submits as under:

¶177

That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f June2006 to 31.01.2019, i.e., till himself attaining the age of superannuation, to the tune of Rs.20,34,263/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i.e, Rs.20,34,263/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021,instead of 18% as awarded in earlier Criminal Misc. applications.

¶178

It is agreed by the Respondent No.1, that the above said sum with interest shall be deposited, within nine months from the date of this settlement.(i.e., 08.02.2021)

¶179

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i,e 10/2020.

¶180

Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.

¶181

Annexure – N16 (Ningappa S/o. Hanumant Besanakki)

¶182

JOINT MEMO

¶183

Herein the above named Applicant and Respondent most respectfully submits as under:-

¶184

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¶185

That, the top noted case is filed by the Applicant, seeking arrears and as well as difference of wages due to him, to the tune of Rs.15,56,913/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i.e., Rs.15,56,913/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications. 2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement. (i.e., 08.02.2021).

¶186

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i.e., 11/2020.

¶187

Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.

¶188

Annexure – N17 (Marevva D/o. Bheemappa Chalwadi)

¶189

JOINT MEMO

¶190

Herein the shove named Applicant and Respondent most respectfully submits as under:-

¶191

That, the top noted case is filed by the Applicant, seeking arrears and as well as difference of wages due to her, to the tune of Rs.14,27,553/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i,e 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City Corporation Vijayapur, has agreed to pay the said

¶192

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¶193

amount i,e Rs.14,27,553/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc, applications.

¶194

It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement.(i.e., 08.02.2021).

¶195

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application 12/2020.

¶196

Wherefore both the parties pray this Hon'ble court to pass an award /orders as per the terms of this joint memo.

¶197

– Annexure N18 (Jatteppa S/o. Mudagoudappa) JOINT MEMO

¶198

Herein the above named Applicant and Respondent most respectfully submits as under

¶199

That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f. June2006 to 31.01.2018, i,e till himself attaining the age of superannuation, to the tune of Rs.17,81,727/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e. 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i.e Rs.17,81,727/with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.

¶200

It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited,

¶201

27 - NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

¶202

within nine months from the date of this settlement. (i,e 08.02.2021)

¶203

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application i.e.,13/2020.

¶204

Wherefore both the parties pray this Hon'ble court to pass an award /orders as per the terms of this joint memo.

¶205

Annexure – N19 (Kedari Appa Jadhav)

¶206

JOINT MEMO

¶207

Herein the above named Applicant and Respondent most respectfully submits as under:-

¶208

That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f. June2006 to 31.07.2018, i,e till himself attaining the age of superannuation, to the tune of Rs.15,96,349/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i.e., Rs.15,96,349/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.

¶209

It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement (i.e 08.02.2021)

¶210

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i.e.,14/2020.

¶211

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¶212

Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.

¶213

Annexure – N20 (Mallikarjun @ Malakarisidda S/o. Pramananad)

¶214

JOINT MEMO

¶215

Herein the above named Applicant and Respondent most respectfully submits as under:-

¶216

That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f.June- 2006 to 31.05.2014, i,e till himself attaining the age of superannuation, to the tune of Rs.9,82,952/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e 14.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.9,82,952/- with interest @ 9% p.a. from 14.11.2014 to 14.12.2020, instead of 18% as awarded in earlier Criminal Misc. applications.

¶217

It is agreed by the respondent No.1, that the above said sum with interest shall be deposited, within three months form the date of this settlement.

¶218

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application 15/2020.

¶219

Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.

¶220

Annexure – N21 (Basavaraj Kantappagol by Lrs Anand and others)

¶221

29 -

¶222

NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

¶223

JOINT MEMO

¶224

Herein the above named Applicants and Respondent most respectfully submits as under:-

¶225

That, the top noted case is filed by the Applicants, seeking arrears of wages due to their father Sri. Basavaraj Kantappagol, w.e.f June-2006 to 31.05.2011, i.e., till himself attaining the age of superannuation, to the tune of Rs.6,66,874/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i,e 14.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.6,66,874/- with interest @ 9% p.a. from 14.11.2014 to 14.12.2020, instead of 18% as awarded in earlier Criminal Misc. applications.

¶226

It is agreed by the Respondent No.1, that, the above said sum with interest, shall be deposited, within three months from the date of this settlement.

¶227

Similarly it is agreed by the Applicants that, the amount so paid will be in full and final settlement of claim amount involved in this Application i.e., 16/2020.

¶228

Wherefore both the parties pray this Hon'ble court to pass an award / order as per the terms of this joint memo.

¶229

Annexure – N22 (Rahim @ Abdulrahim S/o. Khawjasab)

¶230

JOINT MEMO

¶231

Herein the above named Applicant and Respondent most respectfully submits as under:-

¶232

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¶233

That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f.June- 2006 to 31.05.2014, i,e till himself attaining the age of superannuation, to the tune of Rs.9,82,952/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 14.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.9,82,952/- with interest @ 9% p.a. from 14.11.2014 to 14.12.2020, instead of 18% as awarded in earlier Criminal Misc. applications.

¶234

It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within three months from the date of this settlement.

¶235

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i.e., 17/2020.

¶236

Wherefore both the parties pray this Hon'ble court to pass an award as per the terms of this joint memo.

¶237

Annexure – N23 (Hanamanth S/o. Siddappa)

¶238

JOINT MEMO

¶239

Herein the above named Applicant and Respondent most respectfully submits as under:-

¶240

That, the top noted case is filed by the Applicant, seeking arrears and as well as difference of wages due to him, to the tune of Rs.17,31,623/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City

¶241

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¶242

corporation Vijayapur, has agreed to pay the said amount i,e Rs.17,31,623/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.

¶243

It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement. (i,e 08.02.2021).

¶244

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application 18/ 2020.

¶245

Wherefore both the parties pray this Hon'ble court to pass an award / order as per the terms of this joint memo.

¶246

Annexure – N24 (Allabaksh Almel, By Lrs Mamtaj and other)

¶247

JOINT MEMO

¶248

Herein the above named Applicants and Respondent No.1, most respectfully submits as under:-

¶249

That, the top noted case is filed by the Applicants, seeking arrears of wages due to Sri.Allbaksh H. Almel, w.e.f June-2006 to 26.03.2020, i,e till his death, to the tune of Rs.23,29,625/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i,e 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.23,29,625/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021 instead of 18% as awarded in earlier Criminal Misc. applications.

¶250

It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited,

¶251

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¶252

within nine months from the date of this settlement.

¶253

Similarly it is agreed by the Applicants that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i,e 19/2020.

¶254

Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.

¶255

Annexure – N25 (Mudakappa S/o. Basappa Ambiger)

¶256

JOINT MEMO

¶257

Herein the above named Applicant and Respondent most respectfully submits as under:-

¶258

That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, to the tune of Rs.24,02,618/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i,e 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.24,02,618/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications. 2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement. (i.e., 08.02.2021).

¶259

Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i,e 20/2020.

¶260

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¶261

Wherefore both the parties pray this Hon'ble Court to pass an award / orders as per the terms of this joint memo.”

¶262

Sl. No. as referred in present WA	Name of the claimant	KID No.	Application under 33- C-2 period claimed
R-1	Rahim @ Abdulrahim S/o. Khawjasab	KID No.24/2004	Appln. No.17/2020 01.06.2006 to 31.05.2014 till attaining the age of superannuation (was not reinstated into service)
R-2	Mallikarjun S/o. Chadchan	KID No.33/2004	Appln. No.15/2020 01.06.2006 to 31.05.2014 till attaining the age of superannuation (was not reinstated into service)
R-3 to R-6	Basavaraj @ Basappa Kantappagol By LRs Anand Kantappagol Smt. Soubhagya Ati Smt. Jayashree Smt. Rajashri	KID No.20/2004	Appln. No.16/2020 01.06.2006 to 31.05.2011 till attaining the age of superannuation (was not reinstated into service)
R-7	Ashok S/o. Dundappa Jadhav	KID No. 23/2004	Appln. No.08/2020 prospective wages w.e.f. 01.06.2006 to 31.07.2015 and difference of wages w.e.f. 01.08.2015 to

¶263

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¶264

			31.05.2017 was claimed i.e. till attaining the age of superannuation (Since he was reinstated wef 01.08.2015)
R-8	Prakash S/o. Shankar Shindhe	KID No. 29/2004	Appln. No.09/2020 01.06.2006 to 31.12.2019 till attaining the age of superannuation (he was not reinstated into service till his age of attaining superannuation)
R-9	Vishnu S/o. Gyanappa Hundekar	KID No. 30/2004	Appln. No.10/2020 01.06.2006 to 31.12.2019 till attaining the age of superannuation (He was not reinstated into service till his age of attaining superannuation)
R-10	Ningappa S/o. Hanamant Besanakki	KID No. 33/2004	Appln. No.11/2020 Prospective wages w.e.f.01.06.2006 to 31.07.2015 and difference of wages w.e.f.01.08.2015 to 31.03.2018 was claimed, i.e., till attaining the age of superannuation (since he was reinstated wef 01.08.2015)
R-11	Maravvva D/o. Bheemappa	KID	Appln. No.12/2020 prospective wages

¶265

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¶266

	Chalwadi	No.34/2004	w.e.f. 01.06.2006 to 31.07.2015 and difference of wages w.e.f. 01.08.2015 to 31.05.2017 was claimed i.e., till attaining the age of superannuation (since she was reinstated wef 01.08.2015)
R-12	Jatteppa S/o. Mudagoudappa Walikar	KID No. 27/2004	Appln. No.13/2020 01.06.2006 to 31.01.2018 till attaining the age of superannuation (He was not reinstated into service till attaining the age of superannuation)
R-13	Kedari S/o. Appa Jadhav	KID No. 26/2004	Appln. No.14/2020 prospective wages w.e.f. 01.06.2006 to 31.07.2015 and difference of wages w.e.f. 01.08.2015 to 31.07.2018 was claimed i.e., till attaining the age of superannuation (since he was reinstated wef 01.08.2015)
R-14	Hanumanth S/o. Siddappa Naikodi	KID No. 31/2004	Appln. No.18/2020 prospective wages w.e.f. 01.06.2006 to 31.07.2015 and difference of wages w.e.f. 01.08.2015 to 31.01.2018 was

¶267

36 -

¶268

NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

¶269

			claimed i.e., till attaining the age of superannuation (since he was reinstated wef 01.08.2015)
R-15 to	Allabaksh Almel	KID No.	Appln. No.19/2020
R-18	By LR’s Mamtaj Mohsinkhan Minaj Alifiya	21/2004	01.06.2006 to 26.03.2020 till attaining the age of superannuation (He was not reinstated into service till attaining the age of superannuation)
R-19	Mudakappa S/o. Basappa Ambiger	KID No. 33/2004	Appln. No.20/2020 01.06.2006 to 30.06.2020 till attaining the age of superannuation (He was not reinstated into service till attaining the age of superannuation)

¶270

Cost imposed by the learned Single Judge is

¶271

however waived with the hope that the Corporation will not drive the litigants who have been litigating since 1987 any further. Needless to state that there has to be compliance of liability to clear the dues within a period of 3 months from the date of receipt of certified copy of this order.

¶272

37 -

¶273

NC: 2025:KHC-K:972-DB WA No. 200303 of 2024

¶274

Accordingly, the appeal is disposed off.

¶275

Sd/(S.SUNIL DUTT YADAV) JUDGE

¶276

Sd/(RAJESH RAI K) JUDGE

¶277

VNR,VP List No.: 1 Sl No.: 31 CT: PS

The Commissioner v. Rahim Abdulrahim S/O Khawjasab @Khajasaheb Tajimtark and Ors.

Case brief

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The Commissioner v. Rahim Abdulrahim S/O Khawjasab @Khajasaheb Tajimtark and Ors.

Case brief

What is this about?

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What the court decided

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