The Management Vs Balachandra

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO REFERENCE DATED 21.5.2012; QUASH ORDER OF REFERENCE DATED 21.5.2012 VIDE ANNEX-N TO W.P. MADE BY R-2 BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND IN REVERSAL OF THE IMPUGNED AWARD DATED 29.12.2017 PASSED BY THE PRESIDING OFFICER, LABOUR COURT, DAKSHINA KANNADA, MANGALOREK IN I.D.R. NO. 4/2012 UNDER ANNEX-W TO THE WRIT PETITION, AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

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The petition is filed assailing the award dated 29.12.2017 in I.D.R. No.4/2012 directing reinstatement of respondent - employee and also directing payment of 30% backwages upto a certain period and thereafter, full backwages.

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Learned counsel for the petitioner and respondents jointly submit that the dispute is settled and they filed a joint memo reporting settlement.

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The joint memo is signed by the learned Counsel for the petitioner as well as the respondent and also the learned

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3 - NC: 2026:KHC:9008 WP No. 18109 of 2018

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HC-KAR

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counsel for the respondent. Along with the memo, the agreement said to have been entered into between the petitioner and the respondent is also enclosed. The memo reads as under:

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"MEMO FOR DISPOSAL OF CASE

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The petitioner most respectfully submits as follows:

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The instant writ petition is filed seeking the following reliefs:

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(a) QUASH order of reference bearing No. KaE 132 IDG 2012 dated 21-05-2012 (under Annexure-N to the writ petition) made by the 2nd respondent by issue of a writ in the nature of certiorari or other appropriate writ, order or direction and in reversal of the impugned award dated 2912-2017 passed by the Presiding Officer, Labour Court, Dakshina Kannada, Mangalore In I.D.R.No.4/2012 (under Annexure-X to the writ petition) reject the reference in the interest of justice and equity.

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(b) ISSUE such other appropriate writ, order or direction as this Hon'ble Court deems fit to grant in the interest of justice and equity including the award of costs of this writ petition."

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The averments in the writ petition may be treated as a part and parcel of the instant memo for the sake of brevity and to avoid repetition.

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This Hon'ble Court by Interim order dated 31.05.2018 ordered that the matter shall not be precipitated till next date of hearing. This interim order has been extended from time to time.

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The State Government by order dated 28.05.2012 referred the dispute for adjudication between the petitioner and 16 others, including the respondent No.1. During the pendency of the writ petition, a settlement has been reached between the petitioner and the said 16

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4 - NC: 2026:KHC:9008 WP No. 18109 of 2018

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HC-KAR

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persons or their respective legal heirs as the case may be, as a full and final settlement between them agreeing as mentioned in the terms of settlement and confirming that they have received the amounts in terms of the settlement and that they have no further claims against the petitioner. A copy of the deed of settlement dated 10.12.2025 is annexed hereto and marked as Document No.1. A copy of the power of attorney granted by the 15 persons to the respondent No.1 to act on their behalf in this regard is enclosed herewith as Document No.2.

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In the light of amicable settlement of disputes between the parties, the Instant writ petition may be disposed of in terms of the settlement reached between the parties.

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Wherefore, the petitioner prays that this Hon'ble Court may be pleased to take on record the settlement agreement dated 10.12.2025 and the power of attorney and dispose of the writ petition, in terms of the agreement of settlement, in the interest of justice and equity.”

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After having gone through the terms and conditions

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of the joint memo, the Court does not find any impediment to accept the settlement. Accordingly, the writ petition is disposed of . The impugned order is modified in terms of the agreement dated 10.12.2025.

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Sd/(ANANT RAMANATH HEGDE) JUDGE

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YKL List No.: 2 Sl No.: 11

The Management v. Balachandra

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The Management v. Balachandra

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