THE MANAGEMENT OF NWKRTC v. MOHAMMADDIQBAL S/O NOORMOHAMMADKHAN PATHAN
WP/103981/2024 · 2025-09-18
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61631 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61631 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12605 WP No. 103981 of 2024
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. 103981 OF 2024 (L-ID) BETWEEN:
THE MANAGEMENT OF NWKRTC, DHARWAD DIVISION, R/BY ITS DIVISIONAL CONTROLLER, DHARWAD DIVISION, DIST. DHARWAD. …PETITIONER (BY SRI. PRASHANT HOSAMANI, ADVOCATE)
AND:
MOHAMMADDIQBAL S/O NOORMOHAMMADKHAN PATHAN, AGE. 65 YEARS, OCC. RETIRED CONDUCTOR, R/O. H. NIJAMUDDIN COLONY, 1ST CROSS, KSRTC DEPOT ROAD, NEAR VIDYARANYA HIGH SCHOOL, DHARWAD, DIST. DHARWAD-580001. …RESPONDENT (BY SRI. RAVI HEGDE AND SRI. VINAYKUMAR BHAT, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, 1) ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT AND SET ASIDE THE, ORDER DATED 01/02/2023 PASSED BY THE LABOUR COURT HUBBALLI, IN APPLICATION NO.62/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. 2) 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.
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12605 WP No. 103981 of 2024
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-Corporation has filed the above writ petition challenging the order passed by the Labour Court Hubballi dated. 1-2-23 in Application No.62/22 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 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
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HC-KAR NC: 2025:KHC-D:12605 WP No. 103981 of 2024
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% 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.”
3. Accepting the joint memorandum, the petition is
disposed of in accordance with the settlement reached between the parties.
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HC-KAR NC: 2025:KHC-D:12605 WP No. 103981 of 2024
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.: 14