SRI SIDDAPPA S/O BASAVENNAPPA DODDAMANI v. MR H R RAMANGUDAR
CCC/100233/2025 · 2025-09-08
S Sunil Dutt Yadav, Vijaykumar A Patil
Contempt Petitionbody2025
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[ 2025 DAILYLAW 64375 (KAR) · dailylaw.ai ]
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[ 2025 DAILYLAW 64375 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11502-DB CCC No. 100233 of 2025 C/W WA No. 100539 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
CIVIL CONTEMPT PETITION NO.100233/2025 (CIVIL) C/W. WRIT APPEAL NO.100539/2025 (S-KSRTC)
IN CCC NO. 100233/2025
BETWEEN:
SRI. SIDDAPPA S/O. BASAVENNAPPA DODDAMANI, AGED ABOUT 70 YEARS, OCC: RETIRED CONDUCTOR, R/O. H.NO.51, 2ND MAIN, SAMPIGE NAGAR, TQ. AND DIST. DHARWAD-580021. …COMPLAINANT (BY SRI. RAVI HEGDE, ADVOCATE)
AND:
1.
MR. H. R. RAMANGOUDAR, AGE: MAJOR, DIVISIONAL CONTRAOLLER, N.W.K.R.T.C., HUBBALLI RURAL DIVISION, 4TH FLOOR, CBT HUBBALLI, DIST. DHARWAD-580009.
2.
SMT. PRIYANGA M., I.A.S., AGE: MAJOR, THE MANAGING DIRECTOR, N.W.K.R.T.C., CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580030. …ACCUSED (BY SRI. PRASHANT S. HOSMANI, ADVOCATE)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO TAKE
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2025:KHC-D:11502-DB CCC No. 100233 of 2025 C/W WA No. 100539 of 2025
COGNIZANCE OF AN OFFENCE PUNISHABLE UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971 AND PUNISH THE ACCUSED PERSONS FOR HAVING DISOBEYED THE ORDER PASSED IN WRIT PETITION NO.104451/2024 DATED 23RD NOVEMBER 2024 VIDE ANNEXURE-A, PASSED BY THE LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA, DHARWAD BENCH AND ALSO AWARD COST OF THIS PROCEEDINGS, IN THE ENDS OF JUSTICE.
IN WA NO.100539 OF 2025
BETWEEN:
1.
THE DIVISIONAL CONTROLLER, N.W.K.R.T.C, HUBBALLI RURAL DIVISION, 4TH FLOOR, CBT HUBBALLI, DIST. DHARWAD-580009.
2.
THE MANAGING DIRECTOR, N.W.K.R.T.C., CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580030. …APPELLANTS (BY SRI. PRASHANT S. HOSMANI, ADVOCATE)
AND:
SRI. SIDDAPPA S/O. BASAVENNAPPA DODDAMANI, AGE: 70 YEARS, OCC: RETIRED CONDUCTOR, R/O.H.NO.51. 2ND MAIN, SAMPIGE NAGAR, TQ. & DIST. DHARWAD-580021. …RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 23.11.2024 WP NO.104451/2024 (S-KSRTC), IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION AND APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:11502-DB CCC No. 100233 of 2025 C/W WA No. 100539 of 2025
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
These matters consist of writ appeal filed by the NWKRTC calling in question correctness of the order passed by the learned Single Judge in disposing of the writ petition, whereby, writ of mandamus was issued directing the NWKRTC to pay interest at the rate of 9% p.a. on the belated payment towards Leave Encashment benefit.
2. The operative portion of the directions passed in the writ petition, which are identical in nature in all of the writ petitions is extracted as below:
“ORDER i. The petition is allowed. ii. A writ of mandamus is issued directing the respondent corporation to pay interest at the rate of 9% per annum on the belated payment towards leave encashment benefit on the basis of the representation submitted by the petitioner from the date of retirement
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HC-KAR NC: 2025:KHC-D:11502-DB CCC No. 100233 of 2025 C/W WA No. 100539 of 2025
till the actual date of payment made by the respondent corporation. iii. This amount shall be paid within a period of eight weeks from the date of receipt of a copy of this order. iv. If the said amount is not paid within a period of eight weeks at the rate of 9% per annum, the interest would have to be paid at 12% per annum thereafter.”
3. The contempt petitions have been filed by five of the workmen and are numbered separately contending disobedience of the direction passed in the writ petition.
4. Both parties had made efforts for settlement through mediation and have arrived at an amicable settlement for resolution of the dispute.
5.
Learned counsel appearing for the NWKRTC would submit that this settlement is being entered into by the NWKRTC in the light of the peculiar facts of the present batch of petitions and the settlement arrived at is not to be treated to be a precedent in other matters. Both parties have agreed to the terms during mediation. The terms of joint memo of settlement is as under:
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HC-KAR NC: 2025:KHC-D:11502-DB CCC No. 100233 of 2025 C/W WA No. 100539 of 2025
1. The Appellant/Corporation in the aforementioned Writ appeals is calling in question the order passed by the learned Single Judge directing the Appellant/Corporation to pay interest @ 9% p.a on the belated payment towards Leave Encashment benefits within 8 weeks failing which the rate of interest would be increased to 12%.
2. During pendency of the above writ appeals parties have settled the issue involved in the present writ appeals in following terms and condition in order put an end to the litigation. a. The Appellant/Corporation though questioned the
order passed by the Learned Single Judge, has agreed to pay interest at 7% p.a on the belated payment towards Leave Encashment benefits. The Appellant/Corporation has calculated the interest @ 6% and has handed over the cheques to the counsel for the respondents, which are drawn in the name of the respondents separately. The counsel for the respondent has agreed and has received the cheques. b. The Appellant/corporation undertakes to pay the remaining 1% interest within 4 weeks. 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
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HC-KAR NC: 2025:KHC-D:11502-DB CCC No. 100233 of 2025 C/W WA No. 100539 of 2025
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.
6. In terms of the mediation report and the joint memo, the contempt proceedings are dropped and the writ appeal is
disposed off.
7. Pending applications, if any, are disposed off as not surviving for consideration.
Sd/- (S.SUNIL DUTT YADAV) JUDGE
Sd/- (VIJAYKUMAR A.PATIL) JUDGE
RKM /CT-AN List No.: 2 Sl No.: 2