- 1 - HC-KAR NC: 2025:KHC:33459 WP No. 9258 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.9258 OF 2019 (L-RES) BETWEEN: M/S.HARDWONIE ESTATE REP. BY ITS PROPRIETOR SRI GERARD D' SOUZA S/O.SRI HUBERT D'SOUZA AGED ABOUT 58 YEARS MAGUNDI POST, BALUR HOBLI MUDIGERE TALUK CHICKMAGALURU DISTRICT-577 132 …PETITIONER (BY SRI SUYOG HERELE, ADVOCATE) AND: SRI SADANANDA S/O.SRI SRIHARA POOJARI AGED ABOUT 38 YEARS R/AT BAIDASHRI NILAYA HADONIE VILLAGE MAGUNDI POST, BALUR HOBLI MUDIGERE TLAUK CHICKMAGALURU DISTRICT-577 132. …RESPONDENT (BY SRI GURURAJ R., ADVOCATE) THIS WRIT PETITION IS FILED ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AND AWARD DATED 30.11.2018 PASSED BY THE PRESIDING OFFICER, LABOUR COURT, CHIKKAMAGALURU IN IDA.NO.16/2015 THEREBY ALLOWING THE APPLICATION FILED BY THE RESPONDENT AND DIRECTING THE PETITIONER MANAGEMENT TO REINSTATE THE RESPONDENT INTO THE ORIGINAL POST OF SUPERVISOR WITHIN TWO MONTHS FROM Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33459 WP No. 9258 of 2019 THE DATE OF PUBLICATION OF THE AWARD WITH ALL OTHER SERVICE BENEFIT WITHOUT BACK WAGES VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner-Management- employer challenging the order and award dated 30.11.2018 passed in I.D.A.No.16/2015 by the Presiding Officer, Labour Court, Chikkamagaluru, whereby the claim petition filed by the respondent-workman came to be partly allowed directing the petitioner-Management to reinstate the respondent-workman to the original post of the Supervisor within two months from the date of publication of the award with all other service benefits without backwages along with other consequential reliefs. 2. The respondent-workman filed a claim petition under Section 10(4A) of the Industrial Disputes Act, 1947 (for short, 'the I.D. Act') before the Labour Court claiming to be the permanent employee/worker of the petitioner- - 3 - HC-KAR NC: 2025:KHC:33459 WP No. 9258 of 2019 Management; he was working as a Supervisor; he was terminated from the employment, despite the respondent- workman discharging his duties sincerely, obediently, honestly and diligently to the satisfaction of the petitioner- Management. The petitioner-Management appeared before the Labour Court by contesting the matter. However, the Labour Court passed an order partly allowing the claim petition of the respondent-workman and directed the petitioner-Management to reinstate the respondent- workman to the original post of Supervisor within two months from the date of publication of the award with all service benefits without backwages. It is this order of the Labour Court that is questioned here by the petitioner- Management. 3. During pendency of this petition, the respondent- workman has filed an affidavit, which reads as under: " xxxxxxxxxxx 2. I state that, the petitioner has filed the above Writ Petition challenging the award dated - 4 - HC-KAR NC: 2025:KHC:33459 WP No. 9258 of 2019 30.11.2018 passed in IDA No.16/2015 on the file of Presiding Officer, Labour Court, Chikkamagaluru, ordering reinstatement of the respondent into the original post of Supervisor within two months from the date of publication of the award with all other service benefits without back wages along with certain other consequential reliefs. 3. I state that, during the pendency of this Writ Petition, the parties have amicably settled the dispute in full and final terms by the intervention of friends, well-wisher and elderly members of the family. 4. I state that, in pursuance of this settlement, the Petitioner through its proprietor has paid me, a sum of Rupees Twenty-Six Lakhs only/- Rs. 26,00,000/- via RTGS bearing UTR No.BARBR52025081200915560 dated :12-08- 2025 from the Bank of Baroda Account. The payment is made towards full and final settlement of all the disputes in this writ petition and any related proceedings between me and the Petitioner. 6. I state that, I hereby irrevocably and unconditionally waive, release, relinquish any - 5 - HC-KAR NC: 2025:KHC:33459 WP No. 9258 of 2019 and all rights, claims, demands or causes of any nature whatsoever, whether past, present, or future, arising out of or in connection with the subject matter of the present writ petition and I undertake not to raise or pursue any such claim against the petitioner or any person claiming through the petitioner in the future. 7. I state that, I am filing this affidavit voluntarily, without any coercion, undue influence, or misrepresentation. xxxxxxxxxx" 4. In the said affidavit, the respondent-workman has conceded to allow the present writ petition and consequently, to set aside the award dated 30.11.2018 for the reasons stated in the said affidavit which is extracted herein supra. 5. I have heard learned counsel for petitioner- Management and learned counsel for respondent- workman. - 6 - HC-KAR NC: 2025:KHC:33459 WP No. 9258 of 2019 6. Upon filing of the affidavit by the respondent- workman, this Court has agreed with the respondent- workman with regard to the contents of the affidavit and the respondent confirms and subscribes the same, more so, with regard to receipt of Rs.26,00,000/- paid by the petitioner by way of RTGS bearing UTR No.BARBR52025081200915560 dated :12-08-2025 from the Bank of Baroda. He also confirms that this amount is paid towards full and final settlement between him and the petitioner-Management. The respondent also confirms that he does not have any objection to allow this writ petition, in view of him having received a sum of Rs.26,00,000/- towards full and final settlement. 7. In view of the above and the affidavit filed by the respondent-workman, nothing would further survive for consideration but to accept the affidavit and consequently, to allow the petition. Accordingly, I pass the following: ORDER i) This writ petition is allowed; - 7 - HC-KAR NC: 2025:KHC:33459 WP No. 9258 of 2019 ii) The impugned order and award dated 30.11.2018 passed in I.D.A.No.16/2015 by the Presiding Officer, Labour Court, Chikkamagaluru is hereby set-aside; iii) No further orders regarding the cost; iv) It is made clear that the amount of Rs.26,00,000/- received by the respondent- workman as stated hereinabove is inclusive of the benefits of payment under Section 17B of the I.D. Act. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 20