- 1 - HC-KAR NC: 2025:KHC:39117 WP No. 11739 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 11739 OF 2021 (L-TER) BETWEEN: M K FASTENERS 221, 3RD STAGE, BOMMASANDRA INDUSTRIAL AREA HOSUR ROAD, BENGALURU 560099, REPRESENTED BY ITS MANAGING PARTNER, MR KIRTAN KUMTAL AMIN …PETITIONER (BY SRI. SOMASHEKAR.,ADVOCATE) AND: MR D SIDDARAJU S/O LATE SRI DASANAPPA, AGED ABOUT 53 YEARS, C/O BABY SITTING INFOSYS COLONY BOMMASANDRA INDUSTRIAL AREA, ANEKAL TALUK, HOSUR MAIN ROAD, BENGALURU …RESPONDENT (BY SRI. SRINIVASA K.,ADVOCATE) THIS WP FILED PRAYING TO SET ASIDE ORDER DATED 19.02.2019 IN REF.NO.57/2014 REJECTING I.A.NO.V TO IMPLEAD THE LABOUR CONTRACTOR, SRI RAGHAVENDRA AND CO. AT ANENXURE-S PASSED BY THE SECOND ADDL.LABOUR COURT, BENGALURU.SET ASIDE ORDER DATED 19.02.2019 IN REF.NO.57/2014 REJECTING I.A.NO.IV TO RECALL WW1 FOR FURTHER CROSS-EXAMINATION AT ANNEXURE-S PASSED BY THE SECOND ADDL.LABOUR COURT, BENGALURU. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39117 WP No. 11739 of 2021 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition has been filed by the petitioner- management aggrieved by the judgment and award passed by the Second Additional Labour Court dated 03.08.2019 in Ref.No.57/2014 holding that respondent is the employee of the petitioner-company and directing it to reinstate him with continuity of services and consequential benefits. The petitioner-management is before this Court questioning the said award passed by the labour Court. 2. Vide order dated 14.07.2025 by this Court, there was a stay of the impugned award subject to the petitioner making payment of 17-B wages, which is paid upto date. 3. During the pendency of this petition, the petitioner-Management and the respondent - workman have entered into an amicable settlement to resolve the - 3 - HC-KAR NC: 2025:KHC:39117 WP No. 11739 of 2021 dispute and put an end to this litigation whereby the management agreed to pay the sum of Rs.7,50,000/- (Rupees Seven Lakhs fifty thousand only) by way of cheque No. 932360 dated 26.09.2025 drawn on HSBC Bank, M.G.Road Branch, Bengaluru. The same is handed over to the respondent Sri.D.Siddaraju, who is physically present before the court and who has been identified by the learned counsel representing the respondent. 4. Parties have agreed to the terms and conditions and signed the compromise petition by way of the joint memo. The terms and conditions of the settlement are enumerated in the joint memo at paragraph Nos. 1 to paragraph Nos. 8. The same is extracted here as under: 1.The management has on this day paid to the respondent a sum of Rs.7,50,000/- (Rupees Seven lakhs fifty thousand only) by cheque No. 932360 dated 26/09/2025 drawn on HSBC Bank, M. G. Road Branch, Bengaluru 560002, in full and final settlement of all the claims of the respondent workman including his claim towards back wages, leave wages, bonus, - 4 - HC-KAR NC: 2025:KHC:39117 WP No. 11739 of 2021 compensation in lieu of reinstatement, since respondent was employee of labour contractor. 2.The respondent workman acknowledges receipt of the amount indicated in clause (1) above, in full and final settlement of all his claims against the management including his claims towards back wages, leave wages, bonus, gratuity, compensation in lieu of reinstatement, since respondent was employee of labour contractor. 3.It is agreed between the parties that this settlement terminates the jural relationship of employer-employee between the labour contractor and the respondent workman. 4.It is further agreed that the Respondent workman shall have no more claims whatsoever either monetary or otherwise against the labour contractor and petitioner management in respect of services rendered by him through the labour contractor with the management and/or in respect of his non- employment. 5. It is specifically agreed between the parties that the Respondent workman shall not be entitled to either reinstatement or re- employment or fresh employment in M/s M.K. Fasteners or in any other establishments of the petitioner management. - 5 - HC-KAR NC: 2025:KHC:39117 WP No. 11739 of 2021 6. It is agreed between the parties that in view of the settlement the respondent shall not pursue further the order bearing πο.ΙΑΑ-1/CR- 63/2019-20 dated 30.11.2020 at Annexure-AA of the proposed amendment application passed by the Additional Labour Commissioner, Industrial Relations, Bangalore. 7.It is agreed between the parties that the respondent shall file the copy of this Joint Memo with a prayer to close the criminal proceedings in CC.No.9335/2023 pending before the Hon'ble Judicial Magistrate, Anekal as settled between the parties in view of this Joint Memo of settlement. 8.Both the parties humbly pray that this Hon'ble Court may be pleased to modify the award dated 03.08.2019 in Ref. No. 57/2014 passed by the Hon'ble Second Additional Labour Court, Bengaluru at Annexure 'V' and substitute the same in terms of this Joint Memo, in the interest of justice and equity. 5. The representative of the petitioner and his managing partner, Sri.Kirtan Kumtal Amin are present before the Court so also the respondent - workman, Sri. D. Siddaraju. This court has enquired both parties with regard to the execution of the joint memo and the contentions therein. Both of them, on enquiry, submit that - 6 - HC-KAR NC: 2025:KHC:39117 WP No. 11739 of 2021 they have not been forced or coerced to enter into the settlement agreement and have signed the joint memo under their own free will, volition and consent, without any force or coercion. The respondent has accepted the cheque for Rs.7,50,000/- which should be however subject to realisation. 6. In view of the amicable settlement arrived at between the parties by way of joint memo, this petition would have to be disposed of. Accordingly, I pass the following order. ORDER The petition is disposed of in accordance with the terms of the joint memo filed herein today, 2. The award passed by the Second Additional Labour Court, Bengaluru dated 03.08.2019 in Ref.No.57/2014 shall be modified in accordance to the joint memo filed herein today. - 7 - HC-KAR NC: 2025:KHC:39117 WP No. 11739 of 2021 3. Ordered accordingly. 4. It is made clear that, if the cheque is not honoured, the respondent would have the liberty to revive this petition. 5. In view of the disposal of this petition, pending IAs would not survive for consideration, same pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 22