Sri.Venkateshwaralu Vs the Management of M/S Taj Residency

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD ON THE FILE OF THE 2ND ADDL. LABOUR COURT AT BANGALORE ID.NO.22/10, UNDER THE FACTS & CIRCUMSTANCES OF THE CASE.QUASH THE IMPUGNED AWARD DT.1.3.14, PASSED BY THE 2ND ADDL. LABOUR COURT AT BANGALORE IN ID.NO.22/10 VIDE ANN-K.DIRECT THE RESPONDENT TO REINSTATE THE PETITIONER INTO SERVICE WITH CONTINUTIY OF SERVICE & EXTEND ALL CONSEQUENTIAL BENEFITS FROM THE DATE OF DISMISSAL TILL THE DATE OF REINSTATEMENT UNDER THE FACTS & CIRCUMSTANCES OF THIS CASE.

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NC: 2026:KHC:7563 WP No. 35499 of 2014

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HC-KAR

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THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, 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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This petition is filed assailing the award dated 01.03.2014 in I.D.No.22/2010 on the file of II Additional Labour Court, Bengaluru. In terms of the said award, the claim statement filed under Section 10(4-A) of the Industrial Disputes Act, 1947 is rejected.

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The petitioner - workman raised an industrial dispute challenging the order of termination on the premise that his resignation is taken by force. The Labour Court did not accept the contention and has accepted the stand of the Management holding that the resignation is voluntary.

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Learned counsel for the petitioner and the learned counsel for the respondent are present before the Court. Both the counsel jointly submit that the dispute is amicably settled. The petitioner, Human Resource Manager of the respondent - Establishment are before this Court and have filed a joint memo. Said memo is taken on record.

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NC: 2026:KHC:7563 WP No. 35499 of 2014

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HC-KAR

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In terms of the joint memo, it is noticed that the respondent - Management has agreed to pay Rs.6,00,000/- to the petitioner towards full and final settlement of all his claims and it is further stated that Demand Draft bearing No.251882, dated 30.01.2026 for a sum of Rs.6,00,000/- drawn on State Bank of India, Mahatma Gandhi Road Branch, Bengaluru is handed over to the petitioner who is present before the Court.

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The petitioner acknowledges the receipt of Demand Draft. It is also agreed between the parties that Rs.6,00,000/would also include Rs.1,80,000/- payable under Payment of Gratuity Act, 1972. Petitioner acknowledges that his entitlement of claim against the respondent - Management is satisfied.

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The joint memo is signed by the petitionerworkman, respondent - Hotel and the learned counsel for the petitioner as well as the learned counsel for the respondent.

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The terms and conditions of the settlement are as under:

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" Whereas, the petitioner voluntarily resigned from the services of the respondent hotel on 29.01.2010 and the

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NC: 2026:KHC:7563 WP No. 35499 of 2014

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HC-KAR

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resignation letter dated 29.01.2010 submitted by the petitioner was accepted by the respondent on 04.02.2010;

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And whereas, the petitioner raised a dispute before the Hon'ble Labour Court alleging that he was forced to submit his resignation. The Labour Court, by Award dated 01.03.2014 rejected the claim statement and the industrial dispute raised by the petitioner. The award was challenged before this Hon'ble Court in W.P.No.35499/2014;

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And whereas, during the pendency of the dispute, the petitioner approached the respondent management seeking for settlement of the dispute;

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And whereas, the respondent management to put an end to the ongoing litigation, on humanitarian consideration, discussed the terms of the settlement with the petitioner workman along with respective counsels and arrived at a settlement on the following terms:

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TERMS OF SETTLEMENT

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1) The respondent management has on this day paid an amount of Rs.6,00,000/- (Rupees Six lakhs only) to Sri Venkateshwaralu, in full and final settlement of all the claims made by the petitioner in the above writ petition vide Demand Draft No.251882 dated.30-01-2026 in favor Sri Venkateshwaralu. V, Petitioner.

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5 - NC: 2026:KHC:7563 WP No. 35499 of 2014

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HC-KAR

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2) The petitioner acknowledges receipt of the amount as mentioned in clause (1) above, in full and final settlement of all his claims including gratuity amounting to Rs.1,80,000/- (Rupees one lakh eighty thousand only);

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3) It is agreed between the parties that the petitioner workman shall not be entitled to any claim, monetary or otherwise, against the respondent hotel or any other establishment connected with the respondent;

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4) It is agreed that in view of this settlement, the employer-employee relationship between the respondent hotel and the petitioner ceases;

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5) It is agreed by both the parties that the petitioner shall not be entitled to reinstatement, fresh employment, re-employment in the respondent hotel or in any other hotel or establishment connected with the respondent hotel."

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This Court has perused the terms of the settlement

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and also made an enquiry with the parties who are present before the Court. The parties admit that they have voluntarily entered into settlement after understanding the terms and conditions.

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