Karnataka High Court
Vasantha K vs The Management Of on 21 December, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC:46889
WP No. 9032 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 9032 OF 2021 (L-RES)
BETWEEN:
VASANTHA K
S/O KANNAPPA KUNTAGAL
AGE 60 YEARS
R/AT NO 48, 4TH CROSS
GAYATHRI LAYOUT
BASAVANAPURA ROAD
DEVASANDRA, K.R.PURAM
BANGALORE-560036
...PETITIONER
(BY SRI. L.SHEKAR., ADVOCATE)
AND:
THE MANAGEMENT OF
M/S WALSONS SERVICE PVT. LTD.,
ASM TECHNOLOGIES LTD.,
NO.80/2, LOUSANNE COURT
Digitally signed
RICHMOND ROAD, BANGALORE-560025
by ...RESPONDENT
NARAYANAPPA (BY SRI.M.R.HIREMATHAD, ADVOCATE)
LAKSHMAMMA
Location: HIGH
COURT OF THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
KARNATAKA OF THE CONSTITUTION OF INDIA, ISSUE A WRIT IN THE NATURE OF
WRIT OF CERTIORARI QUASH THE IMPUGNED AWARD DATED
11.11.2019 PASSED BY THE HON'BLE LEARNED PRESIDING OFFICER,
SECOND ADDL. LABOUR COURT, BENGALURU IN REF. NO.6/2019 IN
SO FOR AS IT RELATES TO DENIAL OF BACK WAGES AND
CONSEQUENTIAL BENEFITS ARE CONCERNED VIDE ANNEXURE-A
AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:46889
WP No. 9032 of 2021
ORDER
1. The petitioner is before this Court seeking for following
reliefs.
i. Issue a writ in the nature of writ of certiorari
quashinh the impugned award dated 11.11.2019
passed by the hon'ble learned presiding officer,
second addl. labour court, bengaluru in ref.
no.6/2019 in so for as it relates to denial of back
wages and consequential benefits are concerned vide
annexure-a.
ii. Issue a writ in the nature of writ of mandamus
directing the respondent to reinstate the petitioner
with continuity of service, consequential benefits and
full back wages from the date of dismissal till the date
of reinstatement under the facts and circumstances of
the case.
iii. Issue any other appropriate writ, order or direction as
this Hon'ble Court may dem fit to grant such further
relief, under the facts and circumstances of the case
and an order as to costs to meet the ends of justice.
2. A joint memo has been filed signed by the advocate for
the petitioner, petitioner and advocate for respondent,
which reads as under;
JOINT MEMO
Advocate for the petitioner and respondent
respectfully submits that,
After the judgment in the above petition the
respondent has filed an application for recalling the order
dated 23-08-2022.
NC: 2023:KHC:46889
It is further submitted that after the amicable
settlement between the parties the petitioner has received
Rs. 24,427/- on 16-11-2023, the respondent also agreed
to pay Rs.40,000/- (forty thousand) within one month,
petitioner also agreed to the same.
It is further submitted that as agreed by the parties
above said amount is full and final settlement, the
petitioner declared that there is no further claim against
the respondent in respect of subject matter of this
petition.
WHEREFORE it is prayed that kindly be pleased to
accept the annexed affidavit and disposed the above
petition on the terms of the affidavit in the interest of
justice and equity.
3. Though the respondent has not signed the joint memo
an affidavit of the General Manager of the respondent
has been filed.
4. Accepting the said joint memo, affidavit and accepting
the settlement between the petitioner and respondent
as stated therein, the petition stands disposed of.
5. The payments stated therein to be made on or before
23.1.2024, if not paid by then, the same would carry
interest at the rate of 18% p.a.
Sd/-
JUDGE
