THE MANAGEMENT OF NWKRTC RURAL DIVISION DHARWAD v. SMT SHASHIREKHA
WP/107607/2023 · 2025-09-19
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58981 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58981 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12684 WP No. 107607 of 2023
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107607 OF 2023 (L-ID) BETWEEN:
THE MANAGEMENT OF NWKRTC RURAL DIVISION DHARWAD, REPRESENTED BY ITS DIVISION CONTROLLER, DIVISION, DHARWAD, REPT. BY ITS CHIEF LAW OFFICER, CENTRAL OFFICE, HUBLI, PIN-580001. …PETITIONER (BY SRI. PRASHANT HOSAMANI, ADVOCATE)
AND:
SMT SHASHIREKHA W/O. BASAVARAJ KAPPATTANAVAR, AGED ABOUT 63 YEARS, OCCUPATION: RETD, R/O. MARUTI COLONY, NEAR DURGADEVI TEMPLE, TQ AND DIST. DHARWAD-580001. …RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER INCLUDING THE WRIT OF CERTIORARI QUASHING THE AWARD DATED. 20-04-2023 PASSED BY THE PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP. NO.
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12684 WP No. 107607 of 2023
115/2022 COPY OF WHICH IS PRODUCED AS ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR PRILIMINARY HEARING THIS DAY, ORDER WAS MADE THERIEN 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, direction or order including the writ of certiorari quashing the Award dated. 20-04-2023 passed by the presiding officer, Labour Court, Hubli in App. No. 115/2022 copy of which is produced as Annexure-C.
b. Grant such other further relief deems fit in the 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.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
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HC-KAR NC: 2025:KHC-D:12684 WP No. 107607 of 2023
thereto, a joint memo of settlement has been filed, recording the terms of the compromise, which reads as under:
1. The Petitioner-Corporation has filed the above writ petition challenging the order passed by the Labour Court Hubballi dated. 20.04.2023 in Application No.115/2022, whereby Hon'ble Labour Court has allowed the Application No. 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% p.a 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% pa 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
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HC-KAR NC: 2025:KHC-D:12684 WP No. 107607 of 2023
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.B.D.Hiremath in amicably resolving the dispute.
Sd/- (SURAJ GOVINDARAJ) JUDGE
Sh Ct:pa List No.: 1 Sl No.: 4