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2025 DAILYLAW 53602 (KAR)

THE WORKS MANAGER, NWKRTC, v. SRI SAMUEL S/O MICHAEL NAIKAR,

WA/100613/2025 · 2025-09-25

S Sunil Dutt Yadav, Vijaykumar A Patil

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:13263-DB WA No. 100613 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100613 OF 2025 (S-KSRTC) BETWEEN: THE WORKS MANAGER, NWKRTC, REGIONAL WORK SHOP, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580030. - APPELLANT (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: SRI. SAMUEL S/O MICHAEL NAIKAR, AGE. 63 YEARS, OCC. RETIRED ARTISAN, R/O. BASEL MISSION COMPOUND, NEAR CHURCH, KARWAR ROAD, HUBBALLI, DIST. DHARWAD-580001. - RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 03.07.2024 WP NO.101527/2024 (S-KSRTC), IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:13263-DB WA No. 100613 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) The ‘Joint Memo of Settlement’ filed by the parties before the Mediation Centre, High Court of Karnataka, Dharwad Bench, is placed before the Court. Terms of the ‘Joint Memo of Settlement’ reads as under: “1. The Appellant/Corporation in the aforementioned Writ appeal is calling in question the order passed by the learned Single Judge directing the Appellant/Corporation to pay interest @ 9% p.a on the belated payment towards Leave Encashment benefits within 8 weeks failing which the rate of interest would be increased to 12%. 2. During pendency of the above writ appeals parties have settled the issue involved in the present writ appeal in following terms and condition in order put an end to the litigation. a. The Management, though disputing the order, has agreed to pay interest at 7% per annum on the belated payment of leave encashment benefits for the period of delay, within 8 weeks from the date of receipt of the certified copy of the award, which the Respondent has accepted. b. It is further agreed that in the event of failure to pay the said interest within 8 weeks from the date of the receipt of the copy of the order, the Petitioner- - 3 - HC-KAR NC: 2025:KHC-D:13263-DB WA No. 100613 of 2025 Corporation shall pay interest at 9% per annum on the belated payment. c. If the Management fails to comply with the aforesaid conditions, the respondent is at liberty to initiate appropriate proceedings before the competent Court of law for execution of this settlement. d. The above settlement and the terms agreed upon are in accordance with law, do not offend any provision of law, and constitute a fair and reasonable settlement in the interest of both parties.” We have perused the ‘Joint Memo of Settlement’ signed by the counsels appearing for the parties. The settlement arrived at is as per law and on their own volition. Considering the same, ‘Joint Memo of Settlement’ is accepted. Writ Appeal is disposed of in terms of the ‘Joint Memo of Settlement’. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE BVV LIST NO.: 2 SL NO.: 16