Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24775 WP No. 13632 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 13632 OF 2014 (L-TER) BETWEEN:
M/S KURLON LIMITED, JALAHALLI CAMP ROAD, YASHWANTHPUR, BANGALORE-560024, REP. BY ITS GENERAL MANAGER. …PETITIONER (BY SRI PRASHANTH B R, ADVOCATE FOR SRI RAMACHANDRAN K, ADVOCATE) AND:
SRI K SHASHIKUMAR, S/O V P KODANDAPANI, AGED ABOUT 33 YEARS, R/AT # 1249, 9TH MAIN ROAD, III CROSS, PRAKASH NAGAR, BANGALORE - 560021. …RESPONDENT (BY SRI M SUBRAMANYA BHAT, ADVOCATE FOR C/RESPONDENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWRD DT.25.11.13, AT ANN-A, PASSED BY THE PRESIDING OFFICER, PRL. LABOUR COURT, BANGALORE IN ID.NO.23/12, DIRECTING THE PETITIONER TO REINSTATE THE RESPONDENT TO HIS ORIGINAL POST WITH 50% BACKWAGES & CONTINUITY OF SERVICES. Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24775 WP No. 13632 of 2014
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER
Learned counsel for the petitioner and the respondent are present before the Court. The petitioner representing the petitioner - Management and the respondent are present before the Court.
2. This Writ Petition is arising from the award dated 25.11.2013 in I.D.No.23/2012 on the file of Principal Labour Court, Bangalore.
3. In terms of the said award, the penalty of refusal is set-aside and the Management is directed to reinstate the workman with 50% backwages from the date of refusal of employment till reinstatement.
4.
Learned counsel for the petitioner and the learned counsel for the respondent jointly submit that the parties have entered into amicable settlement. The terms and conditions of the settlement are recorded in the joint memo. Joint memo is placed before the Court.
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HC-KAR NC: 2025:KHC:24775 WP No. 13632 of 2014
5. The joint memo reads as under:
JOINT MEMO
1. The Respondent raised a dispute under Section 10(4)(A) of the Industrial Disputes Act, 1947 before the Principal Labour Court, Bangalore, against the Petitioner alleging refusal of employment.
2. It is submitted that, the Learned Presiding Officer, Principal Labour Court vide its
order Award dated 25.11.2013
directed reinstatement of the Respondent to his original post with 50% backwages from the date of refusal of employment till reinstatement within two months from the date on which the Award becomes enforceable with continuity of service only. 3. It is submitted that, aggrieved by the Award dated 25.11.2013 passed by the Principal Labour Court, the Petitioner filed WP No. 13632/2014 and the Petitioner has paid last drawn wages as required under Section 17-B of the Industrial Disputes Act, 1947. 4. It is respectfully submitted that during the pendency of the above writ petition, the Respondent along with their Advocates had bilateral discussions with the Petitioner Management and their advocates, on all the issues arising out of Award and
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HC-KAR NC: 2025:KHC:24775 WP No. 13632 of 2014 arrived at an amicable settlement on the following terms, on this the 8th day of July, 2025. TERMS OF SETTLEMENT
5. It is agreed that an amount of Rs.9,00,000/- is paid to the Respondent Sri. K.Shashikumar by way of Cheque No.234210, dated 07.07.2025 as full and final settlement of all his claims and legal dues, including reinstatement, backwages, consequential benefits, gratuity, bonus, and all other legal dues, etc. 6. The Respondent Sri. K.Shashikumar agrees that the above settlement is full and final settlement of all his claims and legal dues, including reinstatement, backwages, consequential benefits, including terminal dues, gratuity, bonus and all other legal dues, etc., and he has no more claims whatsoever against the Petitioner management and he shall not raise any dispute before any Forum or Court of Law, in regard to his employment or non- employment and shall be deemed to have resigned from the company from 24.04.2012. 7. The Respondent agrees that he has entered into settlement after fully understanding the
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HC-KAR NC: 2025:KHC:24775 WP No. 13632 of 2014 contents and consequences thereof, voluntarily and without force and undue influence. In view of the above settlement, both the parties respectfully pray that this Hon'ble Court be pleased to dispose off the above Writ Petition in terms of the Joint Memo, in the interest of justice and equity. 6. This Court has gone through the terms and conditions of the settlement arrived at between the parties. The petitioner has agreed to pay Rs.9,00,000/- (Rupees Nine lakhs only) to the respondent- workman.
The respondent - workman has agreed to the said proposal towards discharge of his full claim against the petitioner - Management. 7. This Court has made an enquiry with the parties who are present before this Court. Respondent submits that he has entered into settlement voluntarily. 8. The respondent has accepted the cheque bearing No.234210 dated 07.07.2025 drawn in the name of the respondent. - 6 -
HC-KAR NC: 2025:KHC:24775 WP No. 13632 of 2014
9. This Court does not find any impediment to accept the terms of the settlement. Accordingly, the joint memo is accepted. 10. Hence, the following:
ORDER (i) The Writ Petition is disposed of in terms of the joint memo. (ii) The impugned award dated 25.11.2013 in I.D.No.23/2012 on the file of Principal Labour Court, Bangalore is modified in terms of the joint memo. (iii) The provident fund dues payable to the respondent shall be released in favour of the respondent after complying the procedure. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 37