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2025 DAILYLAW 12580 (KAR)

SRI UMESHA D v. STANZEN LINKS INDIA LTD

WA/13/2023 · 2025-03-22

T M Nadaf, V Kameswar Rao

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Judgment text

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- 1 - NC: 2025:KHC:14056-DB WA No. 13 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO.13 OF 2023 (L-RES) BETWEEN: 1. SRI UMESHA D S/O SRI DODDAIAH AGED ABOUT 38 YEARS, RESIDING AT NO.197/508 3RD CROSS, CHOWDESHWARINAGARA LAGGERE BENGALURU – 560 058 …APPELLANT (BY SRI. SUBRAMANYA BHAT M, ADVOCATE) AND: 1. STANZEN LINKS INDIA LTD 473/A/2, 12TH CROSS, 4TH PHASE PEENYA INDUSTRIAL AREA BENGALURU – 560 058 REPRESENTED BY ITS MANAGING PARTNER SRI S V KULKARNI 2. MANAGING DIRECTOR M/S TOYOTETSU INDIA (P) LTD (FORMERLY KNOWN AS STANZEN TOYTTSU INDIA (P) LTD TOYOTA TECHNO PARK PLOT NO.20, BUILDING NO.2, BIDADI INDUSTRIAL AREA RAMANAGAR DISTRICT – 562 109 …RESPONDENTS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:14056-DB WA No. 13 of 2023 (BY SRI. SOMASHEKAR, ADVOCATE FOR R1; SRI. J.KANIKARAJ, ADOCATE FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 04.11.2022 PASSED IN WP No.6806/2020 (L-RES) ON THE FILE OF THE LEARNED SINGLE JUDGE, TO MEET THE ENDS OF JUSTICE. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the parties have drawn our attention to joint memorandum of settlement filed in this appeal. They have also referred to the terms of settlement in the said joint memorandum, which reads as under:- “TERMS OF SETTLEMENT 01. The management has paid today a sum of Rs.1,78,659/- (Rupees One Lakh Seventy Eight Thousand Six Hundred and Fifty Nine only) to first party Sri Umesh D by account payee cheque bearing No.02176165 dated 27-02-2025 drawn on Union Bank India, Peenya Branch, Bangalore-58 being the amount payable under section 25FF of industrial Disputes Act consequent to transfer of ownership in full and final settlement of all claims of the first party including compensation under section 25FF of - 3 - NC: 2025:KHC:14056-DB WA No. 13 of 2023 Industrial disputes Act, Notice pay, unpaid wages, leave wages, bonus and etc. 02. The management has paid an amount of Rs.76,309/- (Rupees Seventy Six Thousand Three Hundred and Nine only) to employee Sri Umesh D. by account payee cheque bearing No.02176166 dated 27-02- 2025 drawn on Union Bank of India, Peenya Branch, Bangalore-560058, being the gratuity amount. 03. The Employee requested the management to pay some amount as exgratia to put an end to the ongoing litigations. Even though the management is not liable to pay any amount as requested by the employee, the management considered the request of the employee and has now paid an amount of Rs.39,984/- (Rupees Thirty Nine Thousand Nine Hundred and Eighty Four only) to the employee by account payee cheque bearing No.02176167 dated 27-02-2025 drawn on Union Bank of India, Peenya Branch, Bangalore-58 as ex-gratia in full and final settlement of all claims of employee as ex- gratia. 04. The Employee acknowledges the receipt of the amount indicated in clause No.1, 2 and 3 above in full and final settlement of all his claims against the Management including the claim for compensation under Section 25FF of 1.D. Act, back wages, compensation in lieu of reinstatement, leave wages, gratuity, bonus and ex-gratia etc., 05. It is further agreed that the employee and the management shall file a copy of this settlement along with Joint Memo before the Hon'ble High Court in W.A.13/2023 with a request to dispose the Writ Appeal as settled between the parties. 06. It is agreed between both the parties that in view of this settlement, the employee Sri Umesh D. shall not be entitled to reinstatement, re-employment and or fresh employment with the management or any of its sister concerns. 07. It is agreed that in view of this settlement the jural relationship of employer and employee between the - 4 - NC: 2025:KHC:14056-DB WA No. 13 of 2023 management and the employee Sri Umesh D shall cease to exist. 08. It is agreed between both the parties that, in view of this settlement the employee Sri Umesh D shall not be entitled to any other relief what so ever either monetary or otherwise against the management. 09. In view of this bilateral settlement the Employee Sri Umesh D has agreed not to raise any dispute against the management in respect of any claims for the services rendered or otherwise. This Settlement is signed at Bangalore on 27-02-2025.” 2. Mr.Somashekar, learned counsel appearing for the respondent No.1 submits that the cheques for Rs.1,78,659/-, Rs.76,309/- and Rs.39,984/- as compensation under Section 25FF of the Industrial Disputes Act, 1947, gratuity amount and ex-gratia have been paid to the appellant herein. This fact is also acknowledged by Mr.Subramanya Bhat M., learned counsel appearing for the appellant. 3. Learned counsel for both the parties state that the parties shall be bound by the terms of the settlement and the appeal be disposed of as settled. - 5 - NC: 2025:KHC:14056-DB WA No. 13 of 2023 4. Taking the joint memorandum of settlement and the submission of the counsel on record, the appeal is disposed of. Pending I.A.s if any, are disposed of as infructuous. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 0