- 1 - HC-KAR NC: 2025:KHC-D:11174 WP No. 104107 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.104107 OF 2025 (GM-RES) BETWEEN: SOUTH WESTERN RAILWAYS MAZDOOR UNION UNION RAILWAY BUILDING NO UBL/600, GADAG ROAD, HUBBALLI REPRESENTED BY ITS GENERAL SECRETARY DR. A.M. D’CRUZ AGE. 75 YEARS, R/O. SHANTINAGAR, KESHWAPUR, HUBBALLI 580023. …PETITIONER (BY SRI. V.M. SHEELAVANT, ADVOCATE) AND: 1. THE DEPUTY DIRECTOR ESTT. (LR) RAILWAY BOARD, RAIL BHAVAN, NEW DELHI. 2. THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, RAIL SOUDHA, GADAG RROAD, HUBBALLI-580023. 3. THE PRINCIPAL CHIEF PERSONNEL OFFICER, SOUTH WESTERN RAILWAY, RAIL SOUDHA, GADAG ROAD, HUBBALLI-580023. 4. THE DEPUTY CHIEF PERSONNEL OFFICER, SOUTH WESTERN RAILWAYS, RAIL SOUDHA, GADAG ROAD, HUBBALLI-580023. 5. ASSISTANT LABOUR COMMISSIONER TRADE UNION AND REGISTRAR OF TRADE UNIONS KARMIKA BHAVAN, GOKUL ROAD, HUBBALLI-580023. 6. K.V. RAGHAVENDRA AGE. MAJOR, OCC. DIVISIONAL SECRETARY, BANGALORE, SOUTH WESTERN RAILWAYS MAZDOOR UNION, SWRMU UNION OFFICE BEHIND DRM OFFICE, BENGALURU 560023. …RESPONDENTS (BY SRI. SOURABH A. SONDUR, ADVOCATE FOR C/R6; NOTICE TO R2 TO R5 ARE SERVED) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.03 11:08:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11174 WP No. 104107 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE COMMUNICATION DATED 22/05/2025 BEARING NO.2025/E(LR & M)I/NM1-6 ISSUED BY 1ST RESPONDENT PRODUCED AT ANNEXURE-L IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The General Secretary, South Western Railways Mazdoor Union, i.e., the petitioner and the respondents along with their respective counsel, are present before this court. They are identified by their respective counsel. 2. The petitioner and the respondents have amicably settled their dispute and filed the compromise petition under Order XXIII Rule 3 of the CPC, which reads as follows: “1. The petitioner has challenged the communication dated 22/05/2025 and 22/05/2025 produced at Annexure-L and M issued by 1st and 2nd respondent in so far as considering the respondent No.6 as General secretary which are stayed by this Hon'ble Court in the above Writ Petition. - 3 - HC-KAR NC: 2025:KHC-D:11174 WP No. 104107 of 2025 2. The parties have amicably settled the dispute between themselves for the welfare of the Trade Union and its members on the following terms and conditions. 1. The Petitioner Dr A.M. D'Cruz General Secretary/SWRMU has agreed to give consent to hand over the post of General Secretary to 6th respondent i.e., Shri K.V. Raghvendra Divisional Secretary Bangalore. 2. The 6th respondent Shri K.V. Raghavendra has agreed to coopt Com. Anthony Jeny D'Cruz AGS/SWRMU as Zonal President against the vacant post. 3. Both, the term of General Secretary K. V. Raghvendra & Zonal President Com Anthony Jeny D'Cruz is for a period till triennial election is held as per bye laws of the union. 4. Both the parties have agreed to cooperate with each other in carrying on day to day activities of the Petitioner Union in accordance with bye laws till their term comes to an end. 5. Both the parties i.e., petitioner and respondent No.6 have agreed to withdraw their respective following cases pending between them in view of the Compromise. a. The petitioner shall withdraw WP NO.104107/2025 pending before the Hon'ble High Court of Karnataka, Dharwad. b. The petitioner shall Withdraw the WP NO.107139/2024 pending before the Hon'ble High Court of Karnataka, Dharwad. - 4 - HC-KAR NC: 2025:KHC-D:11174 WP No. 104107 of 2025 c. The respondent No.6 shall withdraw the WP NO.104489/2025 pending before the Hon'ble Dharwad. High Court of Karnataka. d. The respondent No.6 shall Withdraw the WP NO.104016/2025 pending before the Hon'ble High Court of Karnataka, Dharwad. e. The Respondent No.6 shall Withdraw the WA(FR) NO.100434/2025 pending before the Hon'ble High Court of Karnataka, Dharwad. f. The Respondent No.6 shall Withdraw the PCR No.6386/2025 pending before the Chief Metropolitan Magistrate Court, Bengaluru. g. The petitioner shall withdraw the dispute pending before the Assistant Labour Commissioner, Hubballi.” 3. The contents of the compromise petition was read over and explained to the parties, and they have accepted the terms and conditions of the compromise petition. 4. I have perused the contents of the compromise petition. 5. The compromise petition is taken on record. - 5 - HC-KAR NC: 2025:KHC-D:11174 WP No. 104107 of 2025 6. There is no legal impediment in accepting the compromise petition. 7. Accordingly, the writ petition is disposed off, in terms of the compromise petition. SD/- (ASHOK S. KINAGI) JUDGE MBS, CT:VP LIST NO.: 3 SL NO.:2.1