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2025 DAILYLAW 38004 (KAR)

THE HONORARY SECRETARY v. IRANNA S/O. GANGAPPA SHARANNAVAR

WP/67876/2011 · 2025-11-12

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15473 WP No. 67876 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 67876 OF 2011 (L-TER) BETWEEN: 1. THE HONORARY SECRETARY, SHIKSANA VISHVASTHA MANDAL BAVAN, COLLEGE ROAD, BELGAUM-590 001. 2. THE PRESIDENT, SHIKASANA VISHVASTHA MANDAL BAVAN, COLLEGE ROAD, BELGAUM-590 001. … PETITIONERS (BY SRI. B.S. KAMATE, ADVOCATE) AND: SRI. IRANNA S/O. GANGAPPA SHARANNAVAR, AGE: 50 YEARS, OCC: BUSINESS, R/O. 5TH CROSS, KURTHKOTI BUILDING, VEERABADRA NAGAR, BELGAUM-590 001. … RESPONDENT (BY SRI. SHREEVATSA S. HEGDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND PROCEEDS OF THE CASE AND ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED AWARD/ORDER DATED 30/07/2011 IN KID NO.16/2006 PASSED BY THE ADDITIONAL LABOUR COURT, HUBLI, PRODUCED AT ANNEXURE-‘J’ AND THE NOTIFICATION DATED 30/09/2011 IN NO.KPA/2206/2011 ISSUED BY LABOUR COMMISSIONER PRODUCED AT ANNEXURE-K. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15473 WP No. 67876 of 2011 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the award dated 30.07.2011 in KID No.16/2006 on the file of Additional Labour Court, Hubli and also notification dated 30.09.2011 marked at Annexure-K. 2. Learned counsel for the petitioners and respondent are present before the Court. The representative of petitioner No.1 – Trust is present. The respondent is also present. 3. Both counsel jointly submit that the dispute is amicably settled. 4. It is noticed that the dispute was referred to the Mediator. Learned Mediator has reported settlement. 5. The Court has perused the report. 6. On enquiry made by the Court, both parties jointly submit that they have voluntarily entered into settlement in terms of the settlement recorded before the learned Mediator. The terms and conditions of the settlement are as under: - 3 - HC-KAR NC: 2025:KHC-D:15473 WP No. 67876 of 2011 “The Parties to the Petition have settled their claims before the Mediation Centre on the following terms;- 1. The Petitioner Society has challenged the Annexure J & K Vide order bearing no. 16/2006 dated: 30.07.2011 and Annexure K the notification dated 30.09.2011. 2. That the society questioned the Respondents reinstatement and back wages. That the pending adjudication of top noted Writ Petition the parties have amicably settled the dispute on following terms and conditions, a) The Petitioner/Society has agreed to pay a sum of Rs.1,10,000/-towards the entire claim of Respondent/Ex-employee. b) The Respondent/Ex-employee has agreed to give up his entire claims against the society on receipt of Rs.1,10,000/- towards his full and final settlement and the parties pray to dispose of the Writ Petition in terms of the present compromise. c) That the Petitioner herein has tendered the DD dated. 10.11.2025, bearing no.286093 drawn on Bank of Baroda, Belagaum Branch in favour of Respondent herein for Rs.1,10,000/-. d) That this settlement is arrived without any undue influence or threat. The same is executed with free will and free consent. - 4 - HC-KAR NC: 2025:KHC-D:15473 WP No. 67876 of 2011 e) That the entire contents of this compromise have read over and explained to us in the language known to us and the same are true and correct to the best of our knowledge and belief in token where of we have signed to this compromise petition.” 7. The Court does not find any impediment to accept the settlement arrived at before the learned Mediator. The terms of settlement are duly signed by the petitioners and the respondent as well as learned counsel appearing for the petitioners and the respondent. 8. The respondent present before the Court acknowledges the receipt of payment of ₹1,10,000/- through Demand Draft towards full and final satisfaction of the terms. 9. The impugned award/order dated 30.07.2011 is modified in terms of the settlement. 10. Impugned notification dated 30.09.2011 is quashed. 11. Petition is disposed of in terms of the settlement. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK