- 1 - HC-KAR NC: 2025:KHC-D:13608 WP No. 107257 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107257 OF 2024 (L-ID) BETWEEN: 1. THE MANAGEMENT OF NWKRTC R/BY ITS DIVISIONAL CONTROLLER, DHARWAD RURAL DIVISION, DHARWAD, DIST. DHARWAD. 2. THE MANAGING DIRECTOR, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. …PETITIONERS (BY SRI. PRASHANT S.HOSAMANI, ADVOCATE) AND: SRI SOMANATH S/O. VITHOBA REVANAKAR, AGE. 61 YEARS, OCC. RETIRED ASSISTANT, R/O. H. NO.55, MENASINKAI ONI, MANGALAWAR PETH, DHARWAD, DIST. DHARWAD-580001. …RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, 1) ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT, ORDER DATED 15.04.2024 PASSED BY THE LABOUR COURT HUBBALLI, IN APPLICATION NO.13/2023 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. 2) PASS SUCH OTHER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13608 WP No. 107257 of 2024 AND FURTHER ORDERS AS THIS HON’BLE COURT DEEMS JUST AND NECESSARY TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: 1) Issue a writ of certiorari or other appropriate writ, order dated 15.04.2024 passed by The Labour Court Hubballi, in Application No.13/2023 produced at Annexure-A in the interest of justice and equity. 2) Pass such other and further orders as this hon’ble court deems just and necessary to pass in the facts and circumstances of the case. 2. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation “For the Nation” 90 days’ drive. Mr.M. H. Patil, appointed as the Mediator in the present case. 3. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memo of settlement has been filed, - 3 - HC-KAR NC: 2025:KHC-D:13608 WP No. 107257 of 2024 recording the terms of the compromise, which reads as under: JOINT MEMO OF SETTLEMENT “1. The Petitioner-Corporation has filed the above writ petition challenging the order passed by the Labour Court Hubballi dated. 15.04.2024 in Application No.13/2023, whereby Hon'ble Labour Court has allowed the application filed by the respondent workman and directed the Corporation to pay leave encashment of Rs.8,60,520/- within 30 days, failing which the applicant is entitled for interest at the rate of 6% p.a. 2. During pendency of the above writ petition parties have settled the issue involved in the present writ petition in following terms and condition in order put quotes to the litigation. a. The management though questioned the order, Labour Court, and agreed seaside the order of Labour Court. Further has agreed to pay interest at 7% p.a on the belated payment of leave encashment benefit (Only terminal benefits of leave encashment) for the duration within 8 weeks from the date of certified copy of the award for which the respondent-workman has agreed. b. It was further agreed by the parties that, failure to pay the interest at 7% p.a within 8 weeks, the petitioner-Corporation has agreed to pay the interest at 9% p.a. c. If the management doesn't abide by the aforesaid conditions, this order can be - 4 - HC-KAR NC: 2025:KHC-D:13608 WP No. 107257 of 2024 executed by filling appropriate proceedings before the court of law. d. The above settlement and terms agreed upon is in accordance with law and do not offend any law of the land. It is fair and reasonable settlement in the interest of both parties. WHEREFORE, the parties to the proceedings pray to dispose of the matter in the aforementioned terms and conditions, in the ends of justice and equity.” 4. Accepting the joint memo of settlement, the petition is disposed of in accordance with the settlement reached between the parties. 5. This Court records its appreciation for the efforts of the learned Mediator Mr.M. H. Patil in amicably resolving the dispute. SD/- (SURAJ GOVINDARAJ) JUDGE gab CT: UMD List No.: 13 Sl No.: 1