Karnataka High Court
The Management Of M/S Jobland ... vs Smt Munirathna K on 9 January, 2024
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NC: 2024:KHC:972
WP No. 9094 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 9094 OF 2023 (L-RES)
BETWEEN:
THE MANAGEMENT OF
M/S JOBLAND ENTERPRISES,
PLOT NO. 62, KIADB INDUSTRIAL AREA,
MALUR, KOLAR DISTRICT - 563 130,
REPRESENTED BY ITS PARTNER,
MR JOSE JAMES,
AGED ABOUT 57 YEARS,
ADDRESS AS ABOVE.
...PETITIONER
(BY SRI. MANJUNATHA B, ADVOCATE)
AND:
SMT. MUNIRATHNA K,
Digitally signed by
MAHALAKSHMI B M W/O KRISHNAPPA,
Location: HIGH AGED ABOUT 41 YEARS,
COURT OF R/O HURALAGERE VILLAGE AND POST,
KARNATAKA
MALUR TALUK, KOLAR DISTRICT.
...RESPONDENT
(BY SRI. NARAYANA SWAMY K.B, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS LEADING TO THE PASSING OF THE AWARD
DATE 31.10.2022 PASSED BY THE PRINCIPAL DISTRICT AND
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NC: 2024:KHC:972
WP No. 9094 of 2023
SESSIONS JUDGE, KOLAR IN ID 13/2018 (ANNEXURE-N) AND
ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner and respondent
submits that the petitioner-Firm and the respondent-
workman have amicably resolved the dispute and files a
joint memo duly signed by the parties and their respective
counsel.
2. Petitioner represented by its' partner and the
respondent-workman are also present before the Court.
3. The joint memo reads as under :
"The Respondent raised dispute alleging refusal
of employment and on failure of conciliation, the
matter referred to the Principal District and Sessions
Judge, Kolar in ID 13/2018. The said dispute was
contested by the Petitioner on the ground that the
Respondent is an employee of the Contractor. The
Trial Court vide Award dated 31.10.2022 ordered for
reinstatement with 50% backwages. Being aggrieved
NC: 2024:KHC:972
by the Award the Petitioner filed the above Writ
Petition and this Hon'ble Court stayed the operation
of the Award. In the meantime, the Respondent and
the Petitioner had discussions through their Counsels
at the trial Court and after threadbare discussions,
even though the Respondent was a contractor
employee, but to protect her interest and to put an
end to the litigation forever, both the parties have
agreed to settle the issue amicably.
Accordingly, as agreed by the parties, towards
full and final settlement, the Petitioner has paid an
amount of Rs 2,50,000/- (Rupees Two lakh fifty
thousand only) by way of cheque dated 18.12.2023,
bearing No 002541 to the Respondent as full and
final settlement of all her claims and in compliance
with the Award passed by the trial Court. By virtue of
full and final settlement as above, the Respondent
has agreed to give up all her claims, which including
claim for reinstatement, back wages, consequential
benefits and any other benefits/claims/demands in
whatsoever manner against the Petitioner. On receipt
of the above amount Respondent agreed and
confirmed that either herself or her representatives
will not make any claim/demands in whatsoever
manner against the Petitioner.
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In terms of the above this Joint memo, both
the parties respectfully prays that this Hon'ble Court
be pleased to pass any appropriate order/judgment
without costs, in the interest of justice and equity."
4. Joint memo is taken on record.
5. The Cheque No.002541 as mentioned in the
Joint Memo is handed over to the respondent-workman,
who is present before the Court towards the full and final
settlement of the claim, which is subject to clearance.
6. In terms of the joint memo filed by the parties,
the petition stands disposed of.
In the light of the disposal of the writ petition,
I.A.No.2/2023 do not survive for consideration.
Sd/-
JUDGE
CT: BHK
