- 1 - HC-KAR NC: 2025:KHC-D:13242-DB WA No. 100323 of 2025 C/W WA No. 100404 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100323 OF 2025 (L-KSRTC) C/W. WRIT APPEAL NO.100404 OF 2025 (L-KSRTC) IN WA NO.100323 OF 2025 BETWEEN: THE MANAGEMENT OF N.W.K.R.T.C., HUBLI DIVISION, REPRESENTED BY ITS DIVISIONAL CONTROLLER, HUBLI DIVISION, HUBLI, NOW REPRESENTED BY ITS THE CHIEF LAW OFFICER, NWKRTC, GOKUL ROAD, HUBLI. - APPELLANT (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: SRI. VEERABHADRAPPA S/O. SHANKARAPPA BELAKOPPA, AGE: 51 YEARS, OCC: NIL, R/O. AT POST: HALLIKERI, TQ. NAVALGUND, DIST. DHARWAD. - RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY LEARNED SINGLE JUDGE IN WP NO.109796/2016 DATED 02/02/2023 BY ALLOWING THIS WRIT APPEAL AND ETC. Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:13242-DB WA No. 100323 of 2025 C/W WA No. 100404 of 2025 IN WA NO.100404 OF 2025 BETWEEN: THE MANAGEMENT OF N.W.K.R.T.C., HUBLI DIVISION, REPRESENTED BY ITS DIVISIONAL CONTROLLER, HUBLI DIVISION, HUBLI, NOW REPRESENTED BY ITS THE CHIEF LAW OFFICER, NWKRTC, GOKUL ROAD, HUBLI. - APPELLANT (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: SRI. VEERABHADRAPPA S/O. SHANKARAPPA BELAKOPPA, AGE: 51 YEARS, OCC: NIL, R/O. AT POST: HALLIKERI, TQ. NAVALGUND, DIST. DHARWAD. - RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY LEARNED SINGLE JUDGE ON IN WP NO.109842/2014 DATED 26-11-2021 BY ALLOWING THIS WRIT APPEAL AND ETC. THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:13242-DB WA No. 100323 of 2025 C/W WA No. 100404 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) The ‘Joint Memo of Settlement’ filed by the parties before the Mediation Centre, High Court of Karnataka, Dharwad Bench, is placed before the Court. Terms of the ‘Joint Memo of Settlement’ reads as under: “1. The Petitioner Corporation has challenged the legality and correctness of the orders of the Hon'ble High Court, Dharwad in W.P. No. 109842/2014 and W.P. No. 109796/2016. The Respondent was the Driver in the Petitioner Corporation and he was dismissed from service vide order dated 22.12.2007 in a absenteeism case. The Respondent workman has challenged the said dismissal order in Ref No.12/2013 before the Labour Court, Hubli. On detailed adjudication, the Labour Court directed the Petitioner Corporation to re-instate the Respondent workman back into service with backwages, without continuity of service and without consequential benefits by order dated 10.04.2014. Being aggrieved with the said orders, the Corporation filed above WP No.109842/2014 and same was modified with 50% back wages along with Continuity of Service and all consequential benefits vide order dated 02-02-2023. And same was challenged in WA No.100404/2025 before the Division Bench. Meanwhile the workman was reinstated into service on 26-01-2017 subject to result of WP. - 4 - HC-KAR NC: 2025:KHC-D:13242-DB WA No. 100323 of 2025 C/W WA No. 100404 of 2025 2. On detailed discussions both the petitioner and the Respondent and their counsels have decided to enter into compromise on the following terms. 3. The Petitioner Corporation agreed to the terms that the Respondent workman deemed to have been re-instated as on 26-01-2017. The Respondent workman is entitled to arrears of wages of Rs.9,27,202/- from the date of actual re-instatement made by the Petitioner Corporation (26-01-2017 to 31-07-2025). The Respondent workman is entitled to continuity of service & Consequential benefits as awarded by the Hon'ble High Court. Further the workman agreed to forgo the backwages as awarded by the Hon'ble High Court in WP No.109842/2014. Hence, the Application in 40/2011(WP No.109796/2016 & WA No.100323/2025) and Appl No.47/2022 has become infructuous. Therefore the workman shall forego the awarded amount in above application cases. 4. The Respondent workman is not entitled to the wages or any arrears of wages or any back wages from the date of dismissal till his actual re-instatement. The petitioner has agrees to pay the arrears of wages of Rs.9,27,202/- within two months from the date of receipt of the certified copy of award, the said payment shall be made either to counsel or party by cheque or D.D. 5. The settlement has been entered into in the interest of both the parties and without any duress or force. The settlement is fair, legal and reasonable also.” - 5 - HC-KAR NC: 2025:KHC-D:13242-DB WA No. 100323 of 2025 C/W WA No. 100404 of 2025 We have perused the ‘Joint Memo of Settlement’ signed by the parties as well as their respective counsels. The settlement arrived at is as per law and on their own volition. Considering the same, ‘Joint Memo of Settlement’ is accepted. Writ Appeals are disposed of in terms of the ‘Joint Memo of Settlement’. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE BVV /CT-AN List No.: 2 Sl No.: 1