M/S FOURESS ENGINEERING (INDIA) LIMITED v. SRI K A MOHAN KUMAR
WP/4933/2020 · 2025-02-18
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31182 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31182 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7226 WP No. 4933 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 4933 OF 2020 (L-TER) BETWEEN:
M/S. FOURESS ENGINEERING (INDIA) LIMITED, PLOT NO. 2, 2ND PHASE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058.
REP. BY ITS SENIOR MANAGER-HRD AND ADMINISTRATION, SRI K B DEEPAK. …PETITIONER (BY SRI SOMASHEKAR, ADVOCATE)
AND:
SRI K A MOHAN KUMAR, S/O SRI ADINARAYANA SHETTY, MAJOR, R/AT NO. 91/A, BEHIND RAJESHWARI TOURING TALKIES, RAJESHWARINAGAR, BENGALURLU-560 058. …RESPONDENT (BY SRI K.S SUBRAMANYA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
ORDER DATED 23.05.2018 IN SERIAL APPLICATION NO.11/2002 (IN I.D.NO.28/2001) AT ANNEXURE-'R' PASSED BY THE HON'BLE INDUSTRIAL TRIBUNAL, BENGALURU AND THIS HON'BLE COURT GRANT PERMISSION TO DISMISS THE RESPONDENT FROM SERVICE AS PER THE PROPOSED DISMISSAL ORDER DATED 13.03.2002 AT ANNEXURE-'D'.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI R Location: High Court of Karnataka
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NC: 2025:KHC:7226 WP No. 4933 of 2020
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
This petition is filed assailing the order dated 23.05.2018 in Application No.11/2002 on the file of Industrial Tribunal, Bengaluru. In terms of the said the
order, the application filed by the Management under Section 33(1)(b) of Industrial Disputes Act, 1947 (hereinafter referred to as 'ID Act' for short) is dismissed.
2.
Learned counsel appearing for the petitioner submits that the dispute between the petitioner/Management and the respondent/Workman is settled and accordingly, the memo is filed incorporating the terms of the settlement.
3. This Court has perused the memo dated 27.11.2024, which is filed for disposal of petition in terms of the settlement arrived at between the petitioner/Management and the respondent/Workman. The joint memo is filed under Rule 59(4) of the Industrial
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NC: 2025:KHC:7226 WP No. 4933 of 2020
Disputes (Karnataka) Rules,
1957. The terms of settlement are recorded in the said joint memo and it is stated that the petitioner has agreed to pay Rs.7,00,000/- (Rupees Seven Lakhs Only) to the respondent/workmen and it is stated that said amount is paid through cheque and the copy of the cheque is also enclosed for having paid the said amount of Rs.7,00,000/-. The receipt signed by the respondent is also enclosed with joint memo, for having received said amount of Rs.7,00,000/-.
4. This Court has perused the terms and conditions in the settlement.
5.
Learned counsel for the respondent submits that the joint memo is signed by the respondent. Since the respondent has signed the joint memo and has received the amount of Rs.7,00,000/- through the cheque referred to in the joint memo, this Court is of the view that the case be disposed of in terms of the settlement arrived at between the parties. Accordingly, the impugned order is substituted in the terms of the joint memo.
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NC: 2025:KHC:7226 WP No. 4933 of 2020
6. The writ petition is disposed of in terms of the joint memo.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
NR/- List No.: 1 Sl No.: 1