Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5225-DB WA No. 1386 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1386 OF 2025 (L-TER) BETWEEN:
1.
SRI CHAMUNDESWARI SUGARS LTD K.M.DODDI-571 472 MADDUR TALUK, MANDYA DISTRICT REPRESENTED BY ITS PRESIDENT, SRI.K.R.NACHIAPPAN.
AGED 78 YEARS REGISTERED UNDER COMPANIES ACT 1956 …APPELLANT (BY SRI. SOMASHEKAR., ADVOCATE)
AND:
1.
SRI DODDEGOWDA S/O SRI DODDEGOWDA HONNEGOWDA, RESIDING AT MALLAHALLI K.M.DODDI-571422 MADDUR TALUK, MANDYA DISTRICT. …RESPONDENT (BY SRI. REDDY G V P., ADVOCATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 07.07.2025 IN WP No.
25957/2014 AND CONSEQUENTLY ALLOW THE WRIT PETITION OF THE APPELLANT, ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5225-DB WA No. 1386 of 2025
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ appeal has been filed impugning the
judgment and order dated 07.07.2025 passed by the learned Single Judge in W.P.No.25957/2014.
2. The parties are referred to as per their ranking before the writ Court for the sake of convenience.
3. The respondent-workman was a member of the Minority Labour Union of the petitioner. He was charge sheeted on 12.11.1999. The domestic enquiry was held and the Enquiry Officer found him guilty of charges. After issuing the second show cause notice and considering the explanation of the respondents, vide memo dated 26.09.2000 the respondent was dismissed from service.
4. As on 26.09.2000, there were two general disputes pending in Reference No.3/2000 and Reference No.8/2000 before the Labour Court, Mysuru. The Reference No.3/2000
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HC-KAR NC: 2026:KHC:5225-DB WA No. 1386 of 2025
pertained to deduction of salary for the period 05.05.1999 to 25.05.1999 and the Reference No.8/2000 pertained to charter of demands. In both the references, the respondent-Workman was also a concerned workman. The petitioner filed an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 in Sl.A.No.50/2000 in Reference No.3/2000. However, the respondent took a stand that he was not a concerned workman in Reference No.3/2000. Accordingly, on 22.08.2005, the Labour Court, Mysuru passed an order disposing of the approval application as infructuous on the ground that the respondent was not a concerned workman. Thereafter, the respondent filed an application claiming 100% backwages from 01.11.1999 to 31.01.2006 in Application No.3/2006 under Section 33(c)(2) of the Industrial Disputes Act, 1947. The Labour Court, Mysuru vide order dated 30.01.2014 allowed the Application No.3/2006 and directed the petitioner to pay wages of Rs.5,01,007.79/- along with 10% interest thereon.
5. Aggrieved by the said order, the petitioner filed W.P.No.25957/2014 challenging the order dated 22.08.2005 in
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HC-KAR NC: 2026:KHC:5225-DB WA No. 1386 of 2025
a Sl.A.No.50/2000 closing 33(2)(b) application at the instance of the respondent as he took the stand that he was not a concerned workman in Reference No.3/2000. The petitioner also challenged the order dated 30.01.2014 in Application No. 3/2006 allowing the application of the respondent under Section 33 (c)(2) of the Industrial Disputes Act. The learned Single Judge has dismissed the petition by the impugned
judgment and order mentioned hereinabove.
6. During the course of pendency of this appeal, the parties have amicably settled their dispute outside the Court and they have filed joint memo praying this Court to dispose of the writ appeal in terms of the joint memo. The terms and conditions of the joint memo would read as under:
"TERMS & CONDITIONS
1) The appellant has agreed to pay Rs.10,00,000/-(Rupees Ten lakhs only) to the respondent as detailed below, in full and final settlement of all the claims of the respondent as per two orders in two applications viz., Appln.No.3/2006 and Appln.No.2/2016 passed by the Labour Court, Mysuru.
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HC-KAR NC: 2026:KHC:5225-DB WA No. 1386 of 2025
a) The respondent is at liberty to withdraw Rs.5,01,007.79 deposited before this Hon'ble Court along with accrued interest. b) The appellant has paid Rs.5,00,000/- (Rupees Five Lakhs only) by Cheque No.017441 dated 29.01.2026 drawn on Indian Over Seas Bank, Residency Road Branch, Bangalore in favour of the respondent Sri.Doddegowda. 2) The respondent acknowledges receipt of the amount indicated in clause (1) above in full and final settlement of all his claims made in the two applications viz., Appln No.3/2006 and Appln.No.2/2016 passed by the Labour Court, Mysuru. 3) It is agreed between the parties that the respondent workman shall have no more claims whatsoever either monetary or otherwise against appellant management in respect of the two orders in Appln.No.3/2006 and Appln.No.2/2016 passed by the Labour Court, Mysuru. 4) It is agreed between the parties that the present Writ Appeal may please be
disposed of in terms of the joint memo in the interest of justice and equity."
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HC-KAR NC: 2026:KHC:5225-DB WA No. 1386 of 2025
7. The petitioner has paid Rs.5,00,000/- by cheque No.017441 dated 29.01.2016 on Indian Overseas Bank, Residency Road Branch, Bengaluru in favour of the respondent.
8. The amount deposited in pursuance to the interim
order passed by this Court dated 10.09.2025 i.e., Rs.5,01,007.79/- along with the accrued interest thereon to be paid to the respondent on due and proper verification.
9. We therefore, dispose of this writ appeal in terms of the joint memo, the terms and conditions whereof have been set out above. SD/- (D K SINGH) JUDGE
SD/- (S RACHAIAH) JUDGE
RKA List No.: 2 Sl No.: 13