Sri Ashok Kumar Vs the Management of

THIS WP IS FILED PRAYING TO MODIFY THE IMPUGNED AWARD PASSED BY THE III ADDL. COURT, BANGALORE IN I.D.NO.16/2011 DTD.10.7.2015 VIDE ANNEX-A AND ALLOW BACK WAGES AND CONSEQUENTIAL BENEFITS.DIRECT THE RESPONDENT MANAGEMENT TO PAY BACKWAGES FROM THE DATE OF MANAGEMENT FROM THE PETITIONER TILL THE DATE OF REALIZATION.

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IN WP NO. 40848/2015

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BETWEEN:

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THE MANAGEMENT OF

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M/S NETHRADHAMA HOSPITALS PVT. LTD NO.256/14

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KANAKPURA MAIN ROAD

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7TH BLOCK

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HC-KAR

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JAYANAGAR BENGALUR-560 082

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...PETITIONER

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(BY SRI. K R ANAND .,ADVOCATE)

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AND:

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SRI ASHOK KUMAR SINCE DECEASED BY LRS

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1(a). SMT.MAHALAKSHMI W/O LATE R ASHOK KUMAR AGED ABOUT 41 YEARS

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1(b). KUM. B.A. TEJASWINI D/O LATE R ASHOK KUMAR ABED ABOUT 19 YEARS

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1(c).KUM. B.A.HARSHITHA D/O LATE R ASHOK KUMAR AGED ABOUT 16 YEARS

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ALL ARE RESIDING AT NO.343, 22^ND CROSS 3^RD BLOCK, JAYANAGAR, BENGALURU - 560011.

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...RESPONDENTS

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(BY SMT.LATHA.S.SHETTY FOR R1 (A TO C) .,ADVOCATE)

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THIS W.P. IS FILED PRAYING TO-QUASH AND SET ASIDE THE AWARD DT.10.7.2015 VIDE ANNX-F PASSED IN I.D.NO.16/2011 AS BEING TOTALLY ILLEGAL AND CONTRARY TO LAW.GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE AWARD DT.10.7.2015 PASSED BY

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HC-KAR

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THE HON'BLE 3RD ADDL. LABOUR COURT, BENGALURU IN I.D.NO.16/2011 AT ANNX-F.

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THESE PETITIONS, ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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COMMON ORAL ORDER

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Learned counsel for both the parties in both the cases are present.

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These petitions have been filed by both the management as well as the workman against the award passed by the Tribunal. During the pendency of these petitions, both the management and legal representatives of the workman have amicably settled and resolved the

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dispute and have filed the joint memorandum of settlement with the intention to put an end to this litigation.

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The management, in order to put an end to this litigation, and also the legal representatives of the

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workman have agreed to the terms and conditions that

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have been agreed and executed in the settlement agreement. By virtue of this settlement agreement, management has paid a sum of Rs.10,00,000/- by way of cheque bearing No.930932 dated 11.09.2025 drawn on Indian Overseas Bank, Jayanagar 7^th Block Branch, Bengaluru in favour of the wife of Late Sri.Ashok Kumar/Workman, namely Smt.Mahalakshmi, towards full and final settlement and so also in view of all the reliefs, including reliefs towards gratuity, leave, wages, bonus, earned wages from 19.09.2015 to 04.07.2016 and relief in lieu of the back wages, continuity of service as prayed in the WP.No.63171/2016 which is filed by the workman.

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The parties to the proceedings are present

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before the Court.

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The management is represented by the General Manager, HR - Smt.Ashwini is present on behalf of the

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management and is authorized by the management to

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represent the cases on behalf of the management.

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The memorandum of settlement entered by the

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parties is signed and executed by all the parties who are physically present before this Court. This Court has enquired with the parties to the proceedings whether there is force, coercion, or undue influence. In fact, they have submitted that they have voluntarily executed this agreement and signed the settlement agreement without any force, ill-will, or coercion and that they have executed the agreement on their own free will and volition.

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The settlement agreement reads as under:

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TERMS OF SETTLEMENT:

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"a. The Petitioner Management has on this day paid a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) vide Cheque No. 930932 dated 11/09/2025, drawn on Indian Overseas Bank, Jayanagar 7th Block Branch, Bengaluru in favour of Legal Representative No.1 i.e. wife of late Ashok Kumar R i.e., Smt. Mahalakshmi in full and final settlement and in lieu of all reliefs including reliefs towards Gratuity, Leave Wages, Bonus, Earned Wages from 19/09/2015 to 04/07/2016, and relief in lieu of

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back wages, continuity of service as prayed In WP No. 63171/2016 and Ex-gratia.

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b. Smt. Mahalakshmi, W/o late Ashok Kumar R, who is identified by Advocate for Respondent and who is present before this Hon'ble Court acknowledges receipt of sum Rs.10,00,000/- (Rupees Ten Lakhs only) paid to her on this day in the open court vide Cheque No. 930932 dated 11/09/2025, drawn on Indian Overseas Bank, Jayanagar 7th Block Branch, Bengaluru in full and final settlement and in lieu of all reliefs Including reliefs towards Gratuity, Leave Wages, Bonus, Earned Wages from 19/09/2015 to 04/07/2016, and relief in lieu of back wages, continuity of service as prayed in WP No. 63171/2016 and Ex-gratia.

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C. The above mentioned cheque is paid in favour of Smt. Mahalakshmi on behalf of Legal Representatives No.2 and 3 who have authorized their mother i.e., wife of late Ashok Kmar R to receive the cheque and copy of the said letter of authorization is enclosed to this Joint Memo as Document No.1.

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d. In view of this settlement which is in full and final settlement of all reliefs sought by the Respondent late Ashok Kumar against the Petitioner Management herein either for the period of service rendered or thereafter, Smt. Mahalakshmi confirms on her behalf as also on behalf of her daughters that the Petitioner is not due any other amount under any head of account either for the period of service rendered or thereafter.

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e. The Legal Representatives of Respondent undertake that they shall not, on any date in future make any additional claim monetary or otherwise either for the period of service rendered, or thereafter and/or file any claim application or agitate any fresh litigation against the Petitioner Management before any court of law, in view of this settlement.

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f. The Legal Representatives viz., (1) Smt. Mahalakshmi, (2) Kum. B.A. Tejaswini and (3) Kum. B.A. Harshitha admit the terms of this settlement to be fair and reasonable. In view of this settlement both parties humbly pray that this Hon'ble Court may be pleased to substitute this settlement with the Award dated 10-07-2015 impugned in the above stated two Writ petitions, and pass such other order as deems fit, in the interest of justice and equity."

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8. In view of the settlement agreed between the

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parties, amicably resolving the dispute, putting an end to this litigation, these petitions deserve to be disposed of in terms of the settlement agreement.

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9. These two petitions are disposed of in terms of

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the settlement agreement. The award is replaced by the settlement agreement entered into by the parties.

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