- 1 - HC-KAR NC: 2025:KHC:53978 WP No. 44310 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 44310 OF 2016 (S-DIS) BETWEEN: SRI KANNIKAPARAMESHWARI CO OPERATIVE BANK LIMITED 165/1-2, 3RD MAIN, P.J. EXTENSION, DAVANAGERE-577 003, REPRESENTED BY ITS GENERAL MANAGER, SRI. D.H. AMIBIKAPATHY SETTY. …PETITIONER (BY SRI. SOMASHEKAR.,ADVOCATE) AND: 1. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES DAVANAGERE DISTRICT, DAVANAGERE - 577 003 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53978 WP No. 44310 of 2016 2. SRI. M.V. EKAMBARAM S/O. SRI. M. VARADAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO.371/99A, BEHIND GOVERNMENT PRIMARY BOYS SCHOOL, MAIN ROAD, SHEKARAPPA NAGAR, AVEREGERE POST, DAVANAGERE - 577 003. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 SMT. AVANI CHOKSHI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.5.7.2016 IN APPEAL NO.731/2011 PASSED BY THE HON'BLE KAT., BANGALORE AT ANNEX-F TO THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ******* CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:53978 WP No. 44310 of 2016 ORAL ORDER 1. The respondents have filed a Joint Memo dated 17.12.2025, which reads as follows: "SHORT RECITAL OF THE CASE Whereas the respondent was dismissed on 17.07.2009 and respondent challenged the same before the DRCS, Respondent No.1 which upheld the dismissal order by order dated 08.09.2011 Annexure 'C'; And whereas, the respondent filed Appeal No.731/2011 challenging the order of the respondent No.1 DRCS and the Hon'ble Karnataka Appellate Tribunal on 05.07.2016 allowed the appeal and set aside the dismissal order and directed the petitioner management to reinstate the appellant with all service and financial benefits; Whereas the petitioner challenged the Hon'ble K.A.T. Order in the above writ petition; Whereas in the meantime, the respondent attained the age of superannuation; Whereas in the meantime, petitioner management and the respondent along with the assistance of respective Advocates, have discussed the matter and have arrived at an amicable settlement on the following terms: TERMS OF SETTLEMENT 1) The petitioner management on this day paid to the respondent a sum of Rs.13,00,000/- (Rupees - 4 - HC-KAR NC: 2025:KHC:53978 WP No. 44310 of 2016 thirteen lakhs only) by way of Banker's Cheque No.352294 dated 16/12/2025 drawn on Axis Bank, Davangere Branch, Davanagere as ex-gratia in favour of respondent No.2 in full and final settlement of all the claims of respondent No.2 workman including his claim towards back-wages, leave encashment, bonus, gratuity, compensation in lieu of reinstatement etc. 2) The respondent acknowledges receipt of the amount indicated in clause 1 above in full and final settlement of all his claims towards back-wages, leave encashment, bonus, gratuity, compensation in lieu of reinstatement etc. 3) It is agreed between the parties that this settlement terminates the jural relationship of employer-employee relationship between the petitioner management and the respondent No.2; 4) It is agreed that the respondent No.2 shall have no more claims whatsoever, either monetary or otherwise against the petitioner management in respect of services rendered or otherwise in respect of his non-employment; 5) It is specifically agreed between the parties that the respondent No.2 workman having superannuated is not entitled to either reinstatement or re-employment or fresh employment in the petitioner management Bank. 6) It is agreed that the petitioner has agreed to pay the said amount to respondent 2 on humanitarian grounds as he is aged above 70 years and as a goodwill gesture. 7) Both the parties humbly pray that this Hon'ble Court may be pleased to modify the order dated 05.07.2016 in Appeal No.731/2011 passed by the Hon'ble K.A.T., Bengaluru at Annexure 'F' to this - 5 - HC-KAR NC: 2025:KHC:53978 WP No. 44310 of 2016 writ petition and substitute the same in terms of this Joint Memo, in the interest of justice and equity." 2. The Joint Memo is taken on record. 3. In terms of the Joint Memo, the petitioner has handed over a Banker's Cheque to respondent No.2. Respondent No.2 has acknowledged the Banker's Cheque No.352294 dated 16.12.2025 for a sum of ₹13,00,000/-. 4. As the parties have settled the matter amicably and filed a Joint Memo, the writ petition is disposed of in terms of the Joint Memo. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 26