Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13524 WP No. 106462 of 2023
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. 106462 OF 2023 (L-KSRTC) BETWEEN:
THE MANAGEMENT OF NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD, PIN CODE-580030, REPRESENTED BY ITS CHIEF LAW OFFICER. …PETITIONER (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
SRI CHIDRASHEKHAR, S/O. YALLAPPA BANKAPUR, AGE. 64 YEARS, OCC. RETIRED ASSISTANT ARTISAN, R/O. PLOT NO. 85 BAFANA LAY-OUT, GUDIHAL CROSS, KARWAR ROAD, OLD HUBBALLI-580024, TQ. HUBBALLI, DIST. DHARWAD. …RESPONDENT (BY SRI. RAVI HEGDE & SRI. VINAYKUMAR BHAT, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR DIRECTION IN THE NATURE OF CERTIORARI AGAINST THE
ORDER PASSED BY LABOUR COURT HUBBALLI IN APPLICATION NO. 59/2022 DATED 27-012023 PRODUCED AT ANNEXURE-A AND ETC.,
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:13524 WP No. 106462 of 2023
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ or direction in the nature of Certiorari against the order passed by Labour court Hubballi in Application No. 59/2022 dated 27-012023 produced at Annexure-A. b. Issue any other order/s deem fit to facts and circumstances of the case in the interest of justice and equity.
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.B.D.Hiremath was 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, recording the terms of the compromise, which reads as under:
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HC-KAR NC: 2025:KHC-D:13524 WP No. 106462 of 2023
1. The Petition – Corporation has filed that above writ petition challenging the order passed by the Labour Court Hubballi dated 27-1-23 in Application No. 59/22 whereby Hon'ble Labour Court has allowed the application filed by the respondent workman and directed the Corporation to pay interest at the rate of 8% p.a on leave encashment benefit within 3 months, failing which the applicant is entitled for interest at the rate of 12% 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, has agreed to pay interest at 7% pa on the belated payment of leave encashment benefit for the duration of delay 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 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.
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HC-KAR NC: 2025:KHC-D:13524 WP No. 106462 of 2023
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.B.D.Hiremath in amicably resolving the dispute.
Sd/- (SURAJ GOVINDARAJ) JUDGE
gab/CT-ASC List No.: 1 Sl No.: 0