- 1 - HC-KAR NC: 2025:KHC-D:11481 WP No. 105854 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8THDAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105854 OF 2023 (L-KSRTC) BETWEEN: THE MANAGEMENT OF NWKRTC HUBBALLI RURAL DIVISION R/BY ITS DIVISIONAL CONTROLER HUBBALLI, DIVISION HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: SAYYEDSAMIULLA S/O. SAYYEDJAMAL HARIHARKAR, AGE 63 YEARS, OCC: RETIRED, R/O H NO 82, J P NAGAR, MADANI COLONY, HUBBALLI, DIST DHARWAD 580021. …RESPONDENT (BY SMT. VIDYASHRI N. MULIMANI, ADVOCATE) THIS WRIT PETITION IS FILED AND ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER DATED 01- 03-2023 PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION NO. 92/2022 PRODUCE AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11481 WP No. 105854 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue writ of certiorari or any other appropriate writ, order dated 01.03.2023 passed by the Labour Court Hubballi in Application No. 92/2022 produced at Annexure-A in the interest of Justice and equity. ii. Pass such other and further orders as this Hon’ble Court deems just and necessary to pass in the facts and circumstances of the case. 2. The matterhas been referred to the mediation, the mediation has been successful and joint memo of settlement has been filed which reads as under; Joint memo of settlement 1. The Petitioner-Corporation has filed the above writ petition challenging the order passed by the Labour Court Hubballi dated 14.03.2023 in Application No.92/2022, 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 application 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. - 3 - HC-KAR NC: 2025:KHC-D:11481 WP No. 105854 of 2023 a. The management though questioned the order, has agreed to pay interest at 6% p.a. on the belated payment of leave encashment benefit for the duration of delay within 6 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 6% p.a. within 6 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 filing 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. 3. Accepting the said joint memo of settlement on record, the above petition is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 149