Karnataka High Court
The Management Of Nwkrtc vs Sri Mahadev S/O. Nagappa Moger on 25 September, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2025:KHC-D:13262-DB
WA No. 100612 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 25TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100612 OF 2025 (S-KSRTC)
BETWEEN:
THE MANAGEMENT OF NWKRTC,
U.K DIVISION, R/BY ITS
DIVISIONAL CONTROLLER,
U.K. SIRSI-581402.
- APPELLANT
(BY SRI. PRASHANT S. HOSMANI, ADVOCATE)
AND:
SRI. MAHADEV S/O. NAGAPPA MOGER,
AGE. 61 YEARS, OCC. RETIRED A.T.I.,
R/O. GANESH NAGAR, SIRSI-581401,
TQ. SIRSI, DIST. UTTAR KANNADA.
- RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
Digitally
signed by
VINAYAKA B V THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT
Location: High
Court of
Karnataka,
Dharwad ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 16.06.2025
Bench
WP NO.103593/2025 (S-KSRTC), IN THE INTEREST OF JUSTICE AND
EQUITY & ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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NC: 2025:KHC-D:13262-DB
WA No. 100612 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) The 'Joint Memo of Settlement' filed by the parties before the Mediation Centre, High Court of Karnataka, Dharwad Bench, is placed before the Court. Terms of the 'Joint Memo of Settlement' reads as under:
"1. The Appellant/Corporation in the aforementioned Writ appeal is calling in question the order passed by the learned Single Judge directing the Appellant/Corporation to pay interest @ 9% p.a on the belated payment towards Leave Encashment benefits within 8 weeks failing which the rate of interest would be increased to 12%.
2. During pendency of the above writ appeals parties have settled the issue involved in the present writ appeal in following terms and condition in order put an end to the litigation.
a. The Management, though disputing the order, has agreed to pay interest at 7% per annum on the belated payment of leave encashment benefits for the period of delay, within 8 weeks from the date of receipt of the certified copy of the award, which the Respondent has accepted.
b. It is further agreed that in the event of failure to pay the said interest within 8 weeks from the date of the receipt of the copy of the order, the Petitioner--3-
NC: 2025:KHC-D:13262-DB WA No. 100612 of 2025 HC-KAR Corporation shall pay interest at 9% per annum on the belated payment.
c. If the Management fails to comply with the aforesaid conditions, the respondent is at liberty to initiate appropriate proceedings before the competent Court of law for execution of this settlement. d. The above settlement and the terms agreed upon are in accordance with law, do not offend any provision of law, and constitute a fair and reasonable settlement in the interest of both parties."
We have perused the 'Joint Memo of Settlement' signed by the counsels appearing for the parties. The settlement arrived at is as per law and on their own volition. Considering the same, 'Joint Memo of Settlement' is accepted. Writ Appeal is disposed of in terms of the 'Joint Memo of Settlement'.
Sd/-
(S.SUNIL DUTT YADAV) JUDGE Sd/-
(VIJAYKUMAR A.PATIL) JUDGE BVV, CT:VP LIST NO.: 2 SL NO.: 15