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2025 DAILYLAW 46232 (KAR)

M/S. UDAYA TV v. SRI S. JAYARAM

WP/55403/2013 · 2025-02-25

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:8876 WP No. 55403 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 55403 OF 2013 (L-RES) BETWEEN: M/S. UDAYA T.V. 16/A, 2ND FLOOR, MARATA BHAVAN, VASANTHA NAGAR, BENGALURU. NOW AT AND PART OF: M/S. SUN T.V. NETWORK LTD MARAN TOWERS, NO.9, BRUNTON ROAD M.G. ROAD, BENGALURU - 560 001. REPRESENTED BY ITS SENIOR MANAGER - (P & A). …PETITIONER (BY SRI. B.R. PRASHANTH, ADVOCATE FOR SRI. RAMACHANDRAN K., ADVOCATE) AND: SRI. S. JAYARAM, AGED 49 YEARS, SVS COLLEGE QUARTERS COLLEGE ROAD, BANTWALA DAKSHINA KANNADA - 574 211. …RESPONDENTS (BY SRI NARAYANA BHAT M , ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.07.2013 PASSED BY THE PRESIDING OFFICER, LABOUR COURT, D.K., MANGALURU IN IDA NO.20/2008 VIDE ANNEXURE-A AND ETC. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8876 WP No. 55403 of 2013 THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER In this petition, the Management is assailing the award dated 12.07.2013 in I.D.A No.20/2008 on the file of Labour Court, Dakshina Kannada, Mangalore. 2. In terms of the award, the application under Section 10(4A) of the (Karnataka Amendment) Industrial Disputes Act, 1947 (for short 'Act of 1947') is allowed. The order of termination dated 28.06.2008 is held to be illegal and set-aside. The employer is directed to reinstate the applicant with 50% of backwages and continuity of service along with other consequential benefits. 3. The workman has accepted the award and has not challenged the disallowed claim. 4. Learned counsel for the petitioner and respondent jointly made a statement that the matter was - 3 - NC: 2025:KHC:8876 WP No. 55403 of 2013 once referred to Mediation to explore the possibility of settlement and the offer made by each of the parties towards one time compensation was not agreeable to both the parties, as such, the Mediation did not come through. 5. Learned counsel for the parties were again requested to have a dialogue to arrive at a consensus on the compensation payable. This suggestion is made noticing the fact that authorised representative on behalf of the petitioner is present before the Court. After mutual discussion, the learned counsel for the petitioner, the petitioner and the learned counsel for the respondent jointly submit that the parties have settled the dispute and petitioner has offered to pay Rs.5,00,000/- to the respondent and the respondent has agreed to receive Rs.5,00,000/- towards full and final settlement of the claim. The submission made by the learned counsel for the petitioner and the respondent is placed on record. 6. The authorised representative of the petitioner who is present before the Court seeks two weeks time to - 4 - NC: 2025:KHC:8876 WP No. 55403 of 2013 make payment of Rs.5,00,000/-. The said submission is also placed on record. 7. Hence, without considering the validity of the award, this Court is of the view that the award is to be modified in terms of the settlement arrived at between the parties. 8. Hence, the following:- ORDER i) The Writ Petition is disposed of in terms of settlement arrived at between the parties. ii) Impugned award dated 12.07.2013 in I.D. Application No.20/2008 on the file of Labour Court, Dakshina Kannada, Mangalore is set-aside. iii) The petitioner shall pay Rs.5,00,000/- to the respondent within two weeks from the date of certified copy of this order. The payment shall be made through cheque or demand draft or through Online payment. - 5 - NC: 2025:KHC:8876 WP No. 55403 of 2013 iv) On receipt of such payment, the claim of respondent against the petitioner stands fully satisfied. v) In case, payment is not made within two weeks from the date of receipt of certified copy of this order, the petitioner shall pay interest @ 8% per annum on Rs.5,00,000/- from the date of this order till the actual payment. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS