- 1 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 862 OF 2016 (L-TER) C/W WRIT APPEAL NO. 903 OF 2016 (L-TER) IN WA No. 862/2016 BETWEEN: 1. HINDUSTAN PETROLEUM CORPORATION LTD., HAVING ITS REGIONAL OFFICE AT NO.77, OLD MADRAS ROAD, KRISHNARAJAPURA BENGALURU-560 016. REPRESENTED BY ITS SENIOR GENERAL MANAGER …APPELLANT (BY Ms. H.R.RENUKA, ADVOCATE) AND: 1. SRI SHIVANANDA @ SHIVANANDAIAH S/O VEERABHADRAIAH AGED ABOUT 55 YEARS 2. SRI. MURUGESH S/O SRI. KUNDASWAMY AGED ABOUT 58 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 3. SRI. VENKATESH S/O CHENNAPPA SINCE DECEASED BY HIS LRS. 3(a) SMT. SARASAMMA W/O LATE VENKATESH AGED ABOUT 51 YEARS NO.388/16 GARUDCAHRYAPALYA BENGALURU - 560048 4. SRI. SHIVARAMAIAH S/O MUNISWAMAPPA AGED ABOUT 54 YEARS, 5. SRI. M. RAMAYYA S/O SRI. MUNIVENKATAPPA AGED ABOUT 49 YEARS 6. SRI. CHANDPASHA S/O SRI. SYEED PYAREJAN AGED ABOUT 48 YEARS 7. SRI. D. RIYAZ S/O SRI. SHEIK DASTAGIR AGED ABOUT 47 YEARS 8. SRI. S. AFSAR PASHA S/O SRI. SYEED PYAI AGED ABOUT 46 YEARS ALL ARE RESIDING AT D.NO.388/16, NEAR RAGHAVENDRA FLOURMILLS, GURUDACHARPALYA, BENGALURU-560 048. …RESPONDENTS (BY SRI. V S NAIK., ADVOCATE) - 3 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 503/2007 DATED 08/03/2016. IN WA NO. 903/2016 BETWEEN: 1. SRI SHIVANANDAIAH S/O SRI VEERABHADRAIAH, AGED ABOUT 54 YEARS, PRESENTLY R/A D.NO.388/16, NEAR RAGHAVENDRA FLOURMILL, GARUDACHARPALYA BANGALORE-560048 2. SRI MURUGESH S/O SRI KANDASWAMY AGED ABOUT 56 YEARS, PRESENTLY R/A D.NO.388/16, NEAR RAGHAVENDRA FLOURMILL, GARUDACHARPALYA BANGALORE-560048 3. SRI VENKATESH S/O SRI CHENNAPPA, SINCE DECEASED BY HIS LRS 3(a) SMT.SARASAMMA W/O LATE SRI.VENKATESH AGED ABOUT 51 YEARS R/AT NO.388/2016 GARUDACHARPALYA BENGALURU-560 048. 4. SRI SHIVARAMAIAH S/O SRI MUNISWAMAPPA, AGED ABOUT 53 YEARS, PRESENTLY R/A D.NO.388/16, NEAR RAGHAVENDRA FLOURMILL, - 4 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 GARUDACHARPALYA BANGALORE-560048 5. SRI M RAMAYYA S/O SRI MUNIVENKATAPPA, AGED ABOUT 48 YEARS, PRESENTLY R/A D.NO.388/16, NEAR RAGHAVENDRA FLOURMILL, GARUDACHARPALYA BANGALORE-560048 6. SRI CHANDPASHA S/O SRI SYEED PYAREJAN AGED ABOUT 47 YEARS, PRESENTLY R/A D.NO.388/16, NEAR RAGHAVENDRA FLOURMILL, GARUDACHARPALYA BANGALORE-560048 7. SRI D RIYAZ S/O SRI. SHEIK DASTAGIR AGED ABOUT 45 YEARS, PRESENTLY R/A D.NO.388/16, NEAR RAGHAVENDRA FLOURMILL, GARUDACHARPALYA BANGALORE-560048 8. SRI S AFSAR PASHA S/O SRI SYEED PYARU, AGED ABOUT 44 YEARS, PRESENTLY R/A D.NO.388/16, NEAR RAGHAVENDRA FLOURMILL, GARUDACHARPALYA BANGALORE-560048 ...APPELLANTS (BY SRI. V S NAIK ., ADVOCATE) AND: 1. THE MANAGEMENT OF HINDUSTAN - 5 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 PETROLEUM CORPORATION LTD., BANGALORE REGIONAL OFFICE, 3 & 4, WHITEFIELD ROAD, GARUDACHARPALYA, BANGALORE-560048 REPTD. BY ITS PLANT MANAGER. ...RESPONDENT (BY Ms.H.R.RENUKA., ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 4084/2007 DATED 8/3/2016. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The Writ Appeal No.862/2016 has been filed by the Hindustan Petroleum Corporation Limited (for brevity 'the HPCL'), whereas Writ Appeal No.903/2016 has been filed by the workmen, impugning the common judgment and order dated 08.03.2016 passed by the writ Court in W.P.No.503/2007 (L-TER) C/w W.P.No.4084/2007(L-TER). 2. On the last date of posting i.e., on 15.07.2026 this Court passed the following order :- - 6 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 "Having considered the life of litigation i.e., almost 30 years by the poor workmen seeking enforcement of their rights of continuation in service and regularization, till date they have not got the fruits of litigation, despite having been succeeded before the Industrial Tribunal as well as the learned Single Judge. To put an end and give quietus to the long pending litigation, we suggest a figure of Rs.12,00,000/- to be paid to each workmen/ dependents of the deceased workmen. Mr.V.S.Naik, on instruction, has agreed to take the offer towards full and final settlement of all rights claimed and entitlement of the workmen. Smt.H.R.Renuka, learned counsel appearing for the appellant/ Company submits that, she will put this suggestion/ offer to the Management and she will get back about the offer on the next date of posting. We make it clear that there is no scope for any bargain by the appellant/ Company. This is a final offer, which has been made by the Court and accepted by the respondents/ workmen. We hope that the Management of the Company would be wise enough to take the offer to give a quietus to the long pending litigation. Post this appeal on 28.07.2026." - 7 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 3. We are glad to note that the appellant/HPCL has accepted suggestion of this Court and has agreed to pay Rs.12,00,000/- (Rupees Twelve Lakhs only) to each of the workmen i.e., respondents/legal heirs in case where the workman is no more. 4. The person, who is claiming for the deceased workman is required to file Indemnity Bond inasmuch as he/she has to indemnify the HPCL for the payment of Rs.12,00,000/-. We have been informed that one Smt. Sarasamma W/o Late Venkatesh, respondent No.3, who is no more, is claiming the amount which would have been paid to her husband, if he was otherwise alive. We therefore, direct her to file Indemnity Bond to indemnifying the payment to be received by her from the HPCL. 5. The parties have filed the terms of settlement in a joint memo signed by the Deputy General Manager/Authorized representative of the HPCL and constituted attorney of HPCL as well as legal heir of the deceased workman. The parties have been duly identified by their respective counsel. The workmen and the legal representatives, who are present in the Court have stated that the terms of settlement have been signed by - 8 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 them without there being any undue influence, force, coercion or misrepresentation, out of their free will and they would abide by the said terms of the settlement. The terms of settlement filed in the joint memo would read as under :- "JOINT MEMO "The parties to the proceedings above named have agreed to settle the case, hence the order of the Learned Single Judge dated 8.3.2016 in W.P.No.503/2007 c/w W.P.No.4084/2007 and the award passed by the central Government Industrial Tribunal Cum Labour Court, Bangalore in C.R.No.178/1997 c/w Complaint 1/05 to 8/05 dated 26.09.2006 (Annexure L in W.A.No.862/2016) may kindly be modified as under: TERMS OF SETTLEMENT 1. The appellant corporation to pay the respondents (8 in number) a lumpsum of Twelve lakhs (12 lakhs) each, in full and final settlement of their claims and the respondents are not entitled to any other claim whatsoever from the appellants except lumpsum of Rs. 12 lakhs each. 2. The respondents have agreed to receive lumpsum of Twelve lakhs each (Rs. 12 lakhs) in full and final settlement of their claims against the appellant corporation. - 9 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 3. The 3rd respondent workman namely Venkatesh since deceased is represented by his sole legal representative namely Smt. Sarasamma - she undertakes to indemnify against any claim if made on behalf of any other legal representative of the deceased Venkatesh who are not party to the proceedings. 4. The appellant corporation undertakes to pay the amount to the respondents as agreed above, with deduction of admissible income tax if any, within three months from the date of receipt of the order." 6. We make it clear that this lump sum amount is to be paid within three months from the date of receipt of a certified copy of this order. Payment by the HPCL to the workmen is the capital receipt and would not be subjected to the income tax deduction or payment inasmuch as it is for their long past services. 7. We therefore, dispose of these appeals in terms of the conditions stipulated in the joint memo. 8. We make it clear that the workmen will produce all the required documents as have been communicated by Smt.H.R. Renuka, learned counsel for the to Sri.V.S. Naik, learned counsel. - 10 - HC-KAR CNR: KAHC010164532016 NC: 2026:KHC:39360-DB WA No. 862 of 2016 C/W WA No. 903 of 2016 9. The Management should co-operate with the workmen, to enable them receive the PF if any, due to them. 10. Pending interlocutory applications, if any, also stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT:SN List No.: 1 Sl No.: 13