Shri Vidyadhar Vs the Management of Nwkrtc

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NC: 2025:KHC-D:12595 WP No. 100740 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 100740 OF 2025 (S-KSRTC)

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BETWEEN:

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SHRI VIDYADHAR S/O. GURUNATH RAO KULKARNI, AGE: 64 YEARS, OCC. CONDUCTOR, R/O. Z’SRI. GURU KRUPA”, H.NO. 2446, VANASIRI NAGAR, SATTUR, DIST. DHARWAD-580001. …PETITIONER

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(BY SMT. SAROJA C. BANAKAR, ADVOCATE)

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AND:

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Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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THE MANAGEMENT OF NWKRTC, REPRESENTED BY ITS DIVISIONAL CONTROLLER, BRTC DIVISION, HUBBALLI DHARWAD CITY TRANSPORT DIV, CBT HUBBALLI-580009.

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…RESPONDENT

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(BY SRI. PRASHANT HOSAMANI, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF MANDAMUS OF POSITIVE NATURE, DIRECTING THE RESPONDENT TO PAY THE INTEREST AT THE RATE OF 18% PER ANNUM ON THE BELATED PAYMENT OF TERMINAL BENEFIT. I.E. LEAVE ENCASHEMENT BENEFIT BY FIXING OUTER LIMIT AND ISSUE ANY OTHER WIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT IN CIRCUMSTANCES OF THE CASE INCLUDING THE COST OF THE PROCEEDINGS, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC-D:12595 WP No. 100740 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation “For the Nation” 90 days’ drive. Smt. Shaila Bellikatti was appointed as the Mediator in the present case.

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It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memorandum has been filed, recording the terms of the compromise, which reads as under:

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“1. The Petitioner has filed the above writ petition seeking a direction to the Respondents to pay interest at 14% per annum on the belated payment of terminal benefits, namely leave encashment benefits.

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2. During pendency of the above writ petition parties have amicably settled the issue involved, on the following terms and condition, in order put an end to the litigation.

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NC: 2025:KHC-D:12595 WP No. 100740 of 2025

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HC-KAR

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a. The Management, though disputing the order, has agreed to pay interest at 7% per annum on the belated payment of leave encashment benefits for the period of delay, within 8 weeks from the date of receipt of the certified copy of the award, which the Petitioner has accepted.

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b. It is further agreed that in the event of failure to pay the said interest within 8 weeks from the date of the receipt of the copy of the order, the Respondent-Corporation shall pay interest at 9% per annum on the belated payment.

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c. If the Management fails to comply with the aforesaid conditions, the Petitioner is at liberty to initiate appropriate proceedings before the competent Court of law for execution of this settlement.

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d. The above settlement and the terms agreed upon are in accordance with law, do not offend any provision of law, and constitute a fair and reasonable settlement in the interest of both parties.

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WHEREFORE, the parties respectfully pray that this Hon'ble Court may be pleased to dispose of the matter in terms of the settlement recorded herein, in the interest of justice and equity.”

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