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2025 DAILYLAW 60686 (KAR)

SMT. RAJASHREE W/O PRAKASHBABU MADIWALAR v. THE MANAGEMENT OF NWKRTC

WP/106087/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12610 WP No. 106087 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106087 OF 2025 (S-KSRTC) BETWEEN: SMT. RAJASHREE W/O PRAKASHBABU MADIWALAR, AGE. 62 YEARS, OCC. RETIRED ADM SUPERVISOR, R/O. RENUKA NIVAS, 2ND CROSS, ANJANAYA NAGAR, KELAGERI, DHARWAD-58007, TQ. AND DIST. DHARWAD. …PETITIONER (BY SRI. RAVI HEGDE AND SRI. VINAYKUMAR BHAT, ADVOCATES) AND: THE MANAGEMENT OF NWKRTC, CENTRAL OFFICE, REPRESENTED BY ITS MANAGING DIRECTOR, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI-580030. …RESPONDENT (BY SRI. PRASHANT HOSAMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, 1) WRIT OF MANDAMUS OF POSITIVE NATURE, DIRECTING THE Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12610 WP No. 106087 of 2025 RESPONDENT TO PAY THE INTEREST AT THE RATE OF 12% P.A. ON THE BELATED PAYMENT OF TERMINAL BENEFIT I.E., LEAVE ENCASHMENT BENEFIT, BY FIXING OUT LIMIT AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. 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. 2. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memorandum has been filed, recording the terms of the compromise, which reads as under: 1. The Petitioner has filed the above writ petition seeking a direction to the Respondents to pay interest at 14% per annum on the belated payment of terminal benefits, namely leave encashment benefits. 2. During the pendency of the above writ petition, the parties have amicably settled the issue involved, on the - 3 - HC-KAR NC: 2025:KHC-D:12610 WP No. 106087 of 2025 following terms and conditions, in order to put an end to the litigation a. The Corporation has agreed to pay interest at 7% p.a on the belated payment towards Leave Encashment benefits. The Corporation has calculated the interest @ 6% and has handed over the cheque to the counsel for the respondent, which are drawn in the name of the respondent separately. The counsel for the respondent has agreed and has received the cheque. b. The Appellant/corporation undertakes to pay the remaining 1% interest within 4 weeks from the date of the receipt of the certified copy of the order. 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 and this settlement is arrived at between the parties due to the peculiar facts and circumstances of the case. 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 joint memorandum, the petition is disposed of in accordance with the settlement reached between the parties. - 4 - HC-KAR NC: 2025:KHC-D:12610 WP No. 106087 of 2025 4. 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 VB CT : UMD List No.: 4 Sl No.: 20