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2025 DAILYLAW 16588 (KAR)

MR. JOHN SALDANHA v. MR. RICHARD LOBO

WP/37453/2016 · 2025-02-28

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:8789 WP No. 37453 of 2016 C/W WP No. 51986 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 37453 OF 2016 (L-RES) C/W WRIT PETITION NO. 51986 OF 2016 (L-RES) IN WP No. 37453/2016 BETWEEN: MR. JOHN SALDANHA, S/O PIADAD SALDANHA, AGED 75 YEARS, MANAGING PARTNER, JUGUL CONSTRUCTIONS, KADRI MALLIKATTE, BUNTS HOSTEL CIRCLE, MANGALURU, D.K DISTRICT - 575 003. …PETITIONER (BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) AND: MR. RICHARD LOBO, MAJOR S/O PAUL LOBO, BEJAI POST,MANGALURU, D.K DISTRICT - 575 007 …RESPONDENT (BY SRI. V.S. NAIK, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8789 WP No. 37453 of 2016 C/W WP No. 51986 of 2016 DATED 9.12.2015 IN APPLICATION NO.3/2011 PASSED BY THE COURT OF THE PRESIDING OFFICER, LABOUR COURT, D.K. MANGALURU CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURE-A AND ETC., IN WP NO. 51986/2016 BETWEEN: MR. RICHARD LOBO, AGED 60 YEARS, S/O LATE MR. PAUL LOBO, R/A BAREBAIL, BEJI POST, MANGALURU - 575 004. ...PETITIONER (BY SRI. V.S. NAIK, ADVOCATE) AND: MR. JOHN SALDANHA MANAGING DIRECTOR, MANAGING PARTNER, M/S JUGUL CONSTRUCTIONS KADRI, MALLIKATTE, MANGALURU - 575 003. ...RESPONDENT (BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE LABOUR COURT, MANGALURU PERTAINING TO ANNEX-A AND QUASH THE ORDER PASSED BY THE LABOUR COURT MANGALURU IN APPLICATION - 3 - NC: 2025:KHC:8789 WP No. 37453 of 2016 C/W WP No. 51986 of 2016 NO.3/2011 DATED 09.12.2015 AT ANNEX-A TO THE EXTENT THE PETITIONER IS AGRIEVED AND ETC., THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel for the petitioner and learned counsel respondent in both the cases. 2. Learned counsel for both the parties jointly submit that, the dispute between the parties is amicably settled. Accordingly, they have filed a joint memo. The joint memo is signed by the parties to the proceeding as well as by the learned counsel for the petitioner and the respondent. 3. The terms and conditions are as under: "It is submitted that Richard Lobo/ respondent made an application under Section 33 (c) (2) of Industrial Disputes Act, 1947 praying for an order directing John Saldhana /Managing Director of Jugul - 4 - NC: 2025:KHC:8789 WP No. 37453 of 2016 C/W WP No. 51986 of 2016 Constructions' Kadri Mangaluru to pay amount towards leave encashment, Bonus and National and Festival Holidays. The Labour Court by partly allowing the application directed John Saldhana to pay total amount of Rs 1,13,250/ with 6% interest from 09-12-2015 till payment in favour of Richard Lobo. WP No. 37453/2016 was filed by John Saldhana challenging the aforesaid order of Labour Court and WP No. 51986/2016 was filed by Richard Lobo contending that amount awarded is inadequate. During the pendency of these writ petitions, the dispute between the parties is amicably settled and Richard Lobo has agreed to receive a sum of Rs 1,00,000/ (One Lakh only) towards all his claims against 'Jugul Constructions' and affirms that Richard Lobo is not having any further claim against 'Jugul Constructions'. On behalf of 'Jugul Constrictions' a sum of Rs 1,00,000/ is paid to Richard Lobo by Cheque No.044468 dated 1-2- 2025 Drawn on SBI Mallikatte Branch. Wherefore, it is respectfully prayed that above writ petitions may be disposed as settled out of court in the interest of justice and equity." 4. This Court has gone through the terms and conditions. The terms are lawful. In view of the settlement entered into between the parties and the same is accepted. 5. The impugned order is to be substituted in terms of the joint memo. Accordingly, the impugned order - 5 - NC: 2025:KHC:8789 WP No. 37453 of 2016 C/W WP No. 51986 of 2016 is set aside and the same is substituted by the terms of the joint memo. 6. This petition is disposed of accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE KBM List No.: 1 Sl No.: 40 CT: BHK