Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 61633 (KAR)

THE MANAGEMENT OF NWKRTC v. MADIVALAPPA S/O GURAPPA ADAKI

WP/103619/2024 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12604 WP No. 103619 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. 103619 OF 2024 (L-ID) BETWEEN: 1. THE MANAGEMENT OF NWKRTC, DHARWAD DIVISION, R/BY ITS DIVISIONAL CONTROLLER, DHARWAD DIVISION, DIST. DHARWAD. 2. THE MANAGEMENT OF NWKRTC, CENTRAL OFFICE, REPRESENTED BY ITS, MANAGING DIRECTOR, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. …PETITIONERS (BY SRI. PRASHANT HOSMANI, ADVOCATE) AND: MADIVALAPPA S/O GURAPPA ADAKI, AGE. 64 YEARS, OCC. RETIRED DRIVER, R/O. AT AND POST. DODWAD, BAILHONGAL, DIST. DHARWAD-580008. …RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE) 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, ORDER DATED 27-01-2023 PASSED BY THE PRESIDING OFFICER LABOUR COURT HUBBALLI, IN APPLICATION NO.73/2022 Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12604 WP No. 103619 of 2024 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY 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-Corporation has filed the above writ petition challenging the order passed by the Labour Court Hubballi dated. 27-1-23 in Application No.73/22, 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. - 3 - HC-KAR NC: 2025:KHC-D:12604 WP No. 103619 of 2024 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% 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. - 4 - HC-KAR NC: 2025:KHC-D:12604 WP No. 103619 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.: 13