- 1 - HC-KAR NC: 2026:KHC:7982 WP No. 3047 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 3047 OF 2014 (L-RES) BETWEEN: BATA EMPLOYEES ASSOCIATION, NO.813, NELE MAHESHWARAMMA TEMPLE ROAD, DEVANNA COLONY, T. DASARAHALLI, BANGALORE - 560057, REPRESENTED BY ITS GENERAL SECRETARY. …PETITIONER (BY SRI G V P REDDY, ADVOCATE) AND: 1. THE MANAGEMENT OF BATA INDIA LIMITED, PLOT NOS. 474, 475 & 476, 4THPHASE, PEENYA INDUSTRIAL AREA, BANGALORE - 560058, BY ITS FACTORY MANAGER. 2. THE DEPUTY LABOUR COMMISSIONER REGION-1, "KARMIKA BHAVAN" BANNERGHATTA ROAD, BANGALORE - 560029. …RESPONDENTS (BY SRI PRADEEP SAWKAR, ADVOCATE FOR R1, SRI M RAJAKUMARA, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.12.7.2012 (ANNX-A HEREIN) PASSED BY THE R-2 AND DIRECT THE R-2 TO ISSUE RECOVERY CERTIFICATE UNDER SEC.33C(1) OF THE INDUSTRIAL DISPUTES ACT IN FAVOURT OF THE WORKMEN AS PER THEIR CLAIM TOWARDS WAGES DUE TO THEM TOGETHER WITH Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7982 WP No. 3047 of 2014 INTEREST AT 10% P.A. FROM THE DATE OF ORDER OF THE INDUSTRIAL TRIBUNAL, VIZ., 1.10.2008. 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 Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. Petitioner is before this Court challenging the order dated 12.07.2013 marked at Annexure - A and also sought a declaration to issue the recovery certificate under Section 33C(1) of the Industrial Disputes Act, 1947 in favour of the workman. 3. Learned counsel appearing for the petitioner/association and the respondent/management jointly submit that the dispute is amicably settled. 4. A joint memo signed by the petitioner, Authorised signatory on behalf of the - 3 - HC-KAR NC: 2026:KHC:7982 WP No. 3047 of 2014 petitioner/association,respondent/establishment, individual workmen and legal representatives of the deceased workmen is placed before this Court. 5. The parties are present before the Court. 6. The parties submit that they have voluntarily entered into settlement and they have received the demand drafts which are referred to in the joint memo signed by the parties. 7. The terms and conditions of the settlement on the joint memo reads as under: 8. TERMS OF SETTLEMENT 4. That the Petitioner has requested the Management to pay a sum of Rs.43,00,000/- towards full and final settlement of the claim for back wages of the aforesaid 7 workmen from the date of dismissal till the date of reinstatement on 26.11.2011 including 10% amounting to Rs.4,30,000/- to be paid in favour of the Trade Union Bata Employees' Association. 5. That the Management (Respondent No.1) has agreed to pay the aforesaid amount in full and final - 4 - HC-KAR NC: 2026:KHC:7982 WP No. 3047 of 2014 settlement of all the claims of the aforesaid 7 Workmen against the Management, whatsoever except for Sri B.R. Bheemaraju who is prosecuting I.D. No.2/2025 before the Labour Court. 6. That Respondent No.1 has accordingly paid the following amounts to the 7 workmen involved in the writ petition and the under: Sl. No. Name DD No.- HDFCBank Ltd., Amount (in Rs.) 1. Smt. Susheela, w/o Late I.M. Kariyappa 163777 dated 20.01.2026 5,40,000/- 2. Smt. Ajayalakshmi P 163778 dated 20.01.2026 5,67,000/- 3. Smt. Savithri H 163779 dated 20.01.2026 5,67,000/- 4. Sri Mohan Kumar J 163780 dated 20.01.2026 5,67,000/- 5. Smt. Sowmya A.P. 163781 dated 20.01.2026 5,44,500/- 6. Smt. Shantha K 230431 dated 05.02.2026 5,40,000/- 7. Bheemaraju B.R 163782 dated 20.01.2026 5,44,500/- 8. Bata Employees Association 163783 dated 20.01.2026 4,30,000/- Total: 43,00,000/- - 5 - HC-KAR NC: 2026:KHC:7982 WP No. 3047 of 2014 Workmen at Sl. No.1 to 7 and Petitioner at Sl. No.8 accept the aforesaid amount through Demand Drafts in full and final settlement of all their claims against Respondent No.1 except for Bheemaraju B.R., who is at liberty to peruse I.D. No.2/2024 before the Labour Court, Bengaluru. Further, Workmen at Sl. No.1 to 6 confirm that they have no further claims against Respondent No.1 on any account whatsoever, in respect of their previous employment. 7. That the parties submit that the aforesaid amount of Rs.43,00,000/- has been paid by the Management to the aforesaid Workmen towards back wages spread over between the date of dismissal - Nov/Dec 2003 (as shown in para 2 above) and the date of reinstatement on 26.11.2011 and hence there is no requirement for the Management to deduct tax at source. The parties submit that this Hon'ble Court may be pleased to permit the spreading over of the amount for the aforesaid period enabling benefit of the judgment of the Hon'ble Supreme Court of India in the case of Sundaram Motors Pvt. Ltd., vs Ameerjan reported in AIR 1985 SC 144. 8. That the Petitioner and the individual workmen have signed this Joint Memo in acceptance of the terms contained therein. Respondent No.2 is only a - 6 - HC-KAR NC: 2026:KHC:7982 WP No. 3047 of 2014 formal party whose order has been impugned in these proceedings. 9. Parties submit that in view of the aforesaid settlement all the issues raised in the writ petition have been amicably settled and the writ petition be disposed of in accordance with the terms of this Joint Memo in the interest of justice. 8. The Court has gone through the terms of the settlement and is of the view that the settlement is just and lawful. There is no impediment to accept the settlement and to dispose of the case by accepting the terms of the joint memo. 9. Accordingly the Writ Petition is disposed of in terms of the joint memo. The impugned order is substituted by the joint memo. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 40