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2025 DAILYLAW 30381 (KAR)

THE COSMOPOLITAN CLUB (R) v. SRI. H. NAGARAJU

WP/43423/2019 · 2025-03-28

B M Shyam Prasad

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Judgment text

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- 1 - NC: 2025:KHC:13425 WP No. 43423 of 2019 C/W WP No. 43422 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 43423 OF 2019 (L-RES) C/W WRIT PETITION NO. 43422 OF 2019 (L-RES) IN WP No. 43423/2019 BETWEEN: THE COSMOPOLITAN CLUB (R) DR. S. RADHAKRISHNAN AVENUE, MYSORE-570 005, REP. BY ITS HONORARY SECRETARY, H.N. JAYAPAL, AGED ABOUT 67 YEARS. …PETITIONER (BY MS. TASMIN A., ADVOCATE FOR MR. NATARAJA BALLAL A.,ADVOCATE) AND: SRI. H. NAGARAJU AGED ABOUT 52 YEARS, S/O. HONNAGIRIGOWDA, R/AT HOUSE NO. 425/1, 3RD MAIN ROAD, BOGADI, MYSORE-570 026. …RESPONDENT (BY SRI. MANJUNATHA P V., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:13425 WP No. 43423 of 2019 C/W WP No. 43422 of 2019 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.08.2019 PASSED BY THE LABOUR COURT, MYSORE ON APP.. NO.37/2014 (ANNX-A); AWARD COSTS OF THIS PROCEEDINGS. IN WP NO. 43422/2019 BETWEEN: THE COSMOPOLITAN CLUB (R) DR S RADHAKRISHNAN AVENUE MYSORE-570 005 REP BY ITS HONORARY SECRETARY H N JAYAPAL AGED ABOUT 67 YEARS, ...PETITIONER (BY SRI. NATARAJA BALLAL A.,ADVOCATE) AND: SRI H NAGARAJU AGED ABOUT 52 YEARS, S/O HONNAGIRIGOWDA R/AT HOUSE NO.425/1 3RD MAIN ROAD, BOGADI MYSORE-570 026 ...RESPONDENT (BY MS. TASMIN A, ADVOCATE FOR MR. MANJUNATHA P V.,ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - NC: 2025:KHC:13425 WP No. 43423 of 2019 C/W WP No. 43422 of 2019 QUASH THE AWARD DATED 23.03.2019 PASSED BY THE LABOUR COURT, MYSORE IN I.I.D.NO.19/2015 (ANNX-A); REMAND THE MATTER TO THE LABOUR COURT, MYSORE FOR FRESH CONSIDERATION AFTER AFFORDING THE PETITIONER PROPER OPPORTUNITY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, a Society registered under the Karnataka Societies Registration Act, 1960, has called in question the Award dated 23.03.2019 in I.I.D.No.19/2015 on the file of the Labour Court, Mysuru and the order dated 16.08.2019 in Application No.37/2014 which is also on the file of the Labour Court, Mysuru. The Labour Court's orders in these proceedings are under Sections 10(4-A) and 33C(2) of the Industrial Disputes Act, 1947. Presently, the learned counsel for the petitioner, has placed on record a Memorandum of Settlement - 4 - NC: 2025:KHC:13425 WP No. 43423 of 2019 C/W WP No. 43422 of 2019 signed by the respondent. It is seen from this Memorandum that the common respondent has agreed to receive a sum of Rs.3,20,000/- in full and final settlement of his claims under the impugned Award/Order. The respondent, who is present in the Court, acknowledges that he has received Demand Draft dated 28.02.2025 in No.669395 of Bank of Baroda for a sum of Rs.3,20,000/- in full and final settlement as stated in the Memorandum of Settlement. In the light of the afore, the petitions stand disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB