- 1 - HC-KAR NC: 2025:KHC:27264 WP No. 41260 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 41260 OF 2013 (L-RES) BETWEEN: BATA INDIA LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO 6A, S N BANERJEE ROAD, KOLKATTA AND A FACTORY AT PLOT NO 474, 475 AND 476, 4TH PHASE, PEENYA INDUSTRIAL AREA, BANGALORE - 560 058, REP HEREIN BY ITS UNIT MANAGER, SRI KUHARAN MUKHOPADHYAY. …PETITIONER (BY SRI PRADEEP S SAWKAR, ADVOCATE) AND: 1. SRI D KANIKRAJ, S/O SRI DEVARAJ, AGE: MAJOR R/AT NO 33/5, KAVERI LAYOUT, DASARAHALLI MAIN ROAD, HEBBAL POST, BANGALORE - 560 024. 2. DEPUTY LABOUR COMMISSIONER, REGION I, GOVERNMENT OF KARNATAKA, KARMIKA BHAVAN, BANNERGHATTA ROAD, BANGALORE - 560 029. …RESPONDENTS (BY SRI G V P REDDY, ADVOCATE FOR R1, SMT PRATHIBHA P.K, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 9.4.13 ANNX-T PASSED BY DY. LABOUR COMMISSIONER, REGION-I BANGALORE R2. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27264 WP No. 41260 of 2013 THIS PETITION COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is arising from the order dated 09.04.2013 passed by the Deputy Labour Commissioner/respondent No.2. In terms of the said order, there is a direction to recover Rs.6,26,554/- towards the backwages for the period from 03.05.2002 to 17.04.2011. 2. At the time of admission, the petitioner company was directed to deposit Rs.4,46,604/-. The said amount is admittedly withdrawn by the respondent No.1. Now the petitioner would submit that respondent No.1 has agreed to receive Rs.1,50,000/- in addition to what is deposited earlier towards full and final settlement of his claim. - 3 - HC-KAR NC: 2025:KHC:27264 WP No. 41260 of 2013 3. The joint memo bears the signature of the authorised signatory of the petitioner, petitioner's counsel as well as the respondent No.1. 4. Learned counsel for respondent No.1 and also respondent No.1 is present. Respondent No.1 admits that he has agreed to receive Rs.1,50,000/- in addition to the amount which is already withdrawn. The joint memo dated 21.07.2025 is extracted as under: JOINT MEMO "1. Petitioner has filed the above petition challenging the order dated 09.04.2013 passed by Respondent No.2 under Section 33C(1) granting recovery certificate to Respondent No.1 to recover a sum of Rs.6,26,554.00 as arrears of land revenue. 08.10.2013, this Hon'ble Court was pleased to grant interim order of stay subject to deposit of a sum of Rs.4,46,604.83 pursuant to which the Petitioner has deposited the said amount through Banker's cheque No.627035 dated 09.11.2013 issued by State Bank of India, Bengaluru. Subsequently, pursuant to an application I.A. No. 1/2013 filed by Respondent No.1, this Hon'ble Court passed an order dated 18.12.2013 permitting - 4 - HC-KAR NC: 2025:KHC:27264 WP No. 41260 of 2013 him to withdraw the said amount subject to the result of the writ petition. 2. That at this stage, the workman Respondent No.1 approached the Petitioner to settle the matter by paving a balance sum of Rs.1,50,000/- in full settlement. The Management has agreed to pay the said sum as ex-gratia and without conceding the claim on merits. 3. Accordingly, the Management has this day tendered a demand draft bearing No.196421 dated 18.07.2025 for Rs.1,50,000/- favouring Sri D.Kanikaraj, issued by HDFC Bank Ltd., in full and final settlement of all his claims in respect of the order dated 09.04.2013 passed by Respondent No.2 which is impugned in these proceedings. Respondent No.1 accepts the said payment in full and final settlement of all his claims under the impugned order. 4. Thus the Petitioner has paid to Respondent No.1 a total sum of Rs.5,96,604.83 (Rupees Five Lakhs Ninety Six Thousand Six Hundred and Four and Paise Eighty Three only) towards back wages/ex- gratia and it shall be spread over for the period between 03.05.2002 to 17.04.2011, i.e., the period for which wages were claimed in the 33 C (1) Application. Hence, no TDS is attracted in view of the judgment of the Supreme Court of India in the - 5 - HC-KAR NC: 2025:KHC:27264 WP No. 41260 of 2013 case of Sundaram Motors Pvt. Ltd., Vs. Ameerjan reported in AIR 1985 SC 144. 5. Since Respondent No.2 is only a formal party whose order is under challenge in these proceedings, the Joint Memo has been signed by Petitioner and Respondent No.1. WHEREFORE the parties pray that the Joint Memo may kindly be taken on record and the Writ Petition be disposed of in terms whereof modifying the order of Respondent No.2 dated 09.04.2013 (Annexure-T) in the interest of justice." 5. After going through the terms of the settlement, this Court does not find any impediment in accepting the terms of settlement. The impugned award is substituted by the terms of the settlement reached by the parties. 6. It is also to be recorded that the amount received by the respondent No.1 is to be treated as the amount payable for the period 03.05.2002 to 17.04.2011 for all purposes including Tax Deduction at source. - 6 - HC-KAR NC: 2025:KHC:27264 WP No. 41260 of 2013 7. Accordingly, the Writ Petition is disposed of in terms of the joint memo dated 21.07.2025. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 46