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2025 DAILYLAW 85556 (KAR)

THE MANAGEMENT OF NWKRTC v. SRI. SHANKRAPPA S/O. VENKAPPA DESAI,

WP/103930/2024 · 2025-09-11

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11859 WP No. 103930 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103930 OF 2024 (L-ID) BETWEEN: 1. THE MANAGEMENT OF NWKRTC HUBBALLI RURAL DIVISION, R/BY. ITS DIVISIONAL CONTROLLER, HUBBALLI RURAL DIVISION, C.B.T., HUBBALLI, DIST. DHARWAD. 2. THE MANAGEMENT OF NWKRTC, CENTRAL OFFICE, R/BY. ITS MANAGING DIRECTOR, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD. …PETITIONERS (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: SRI. SHANKRAPPA S/O. VENKAPPA DESAI, AGE: 65 YEARS, OCC. RETIRED TRAFFIC CONTROLLER, R/O. AT POST SULLA, TQ. HUBBALLI, DIST. DHARWAD-580008. …RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; 1) ISSUE A WRIT OF Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11859 WP No. 103930 of 2024 CERTIORARI OR OTHER APPROPRIATE WRIT, ORDER DATED. 02- 02-2023 PASSED BY THE LABOUR COURT, HUBBALLI, IN APPLICATION NO. 60/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: 1. Issue a writ of certiorari or other appropriate writ, order dated. 02-02-2023 passed by the Labour Court, Hubballi, in Application No. 60/2022 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. 2. The matter having been referred to mediation, has been successful and a compromise petition has been filed, which reads as under: COMPROMISE PETITION “1.The Petitioner-Corporation has filed the above writ petition challenging the order passed by the Labour Court Hubballi dated 02-02-2023 in Application No. 60/2022, whereby Hon'ble Labour Court has - 3 - HC-KAR NC: 2025:KHC-D:11859 WP No. 103930 of 2024 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 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 6 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 6 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 said compromise petition, which has been signed by the petitioner, the Chief Law Officer of - 4 - HC-KAR NC: 2025:KHC-D:11859 WP No. 103930 of 2024 the petitioner, the respondent-workman and the counsel for respondent and having gone through the said compromise petition, being of the opinion that the terms of the compromise which have been agreed upon are lawful, the said compromise petition is accepted. 4. Placing appreciation for Shri S.K.Kayakamath, learned mediator who has brought about the settlement between the parties, the petition stands disposed in terms of the joint compromise. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 275