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2025 DAILYLAW 53691 (KAR)

THE DIVISIONAL CONTROLLER v. SANGAPPA S/O YAMANAPPA NATIKAR

WP/104012/2024 · 2025-10-14

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13781 WP No. 104012 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104012 OF 2024 (L-ID) BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, BAGALKOTE DIVISION, BAGALKOT, REP. BY CHIEF LAW OFFICER. … PETITIONER (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: SANGAPPA S/O YAMANAPPA NATIKAR, AGE. 65 YEARS, OCC. RETIRED ASSISTANT, R/O. LAXMI NAGAR, KUNCHANUR ROAD, AT AND POST: JAMAKHANDI, DIST. BAGALKOT-571 021. … RESPONDENT (BY SRI. ASR NAMAZI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT, ORDER DATED 19/09/2023 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOT IN APPLICATION NO.03/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:07 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13781 WP No. 104012 of 2024 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) 1. This matter was referred to mediation to explore the possibility of settlement. 2. Learned mediator has submitted a report reporting settlement. 3. The joint memo is perused. 4. The parties have entered into settlement. The joint memo is signed by the petitioner, respondent as well as the counsel for the petitioner and the respondent. The terms of the joint memo are as under: “1. The Petitioner-Corporation has filed the above writ petition challenging the order passed by the Labour Court Bagalkot dated 19/9/23 in Application No.03/22, 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 9% p.a on leave encashment and gratuity benefit within - 3 - HC-KAR NC: 2025:KHC-D:13781 WP No. 104012 of 2024 2 months, failing which the applicant is entitled for interest at the rate of 9% 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% p.a on the belated payment of leave encashment and gratuity 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.” 5. On going through the joint memo, this Court does not find any impediment to accept the joint memo. Accordingly, the joint memo is accepted and - 4 - HC-KAR NC: 2025:KHC-D:13781 WP No. 104012 of 2024 impugned order is modified in terms of the joint memo. 6. The writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 8