Citation : 2026 Latest Caselaw 1038 Kant
Judgement Date : 9 February, 2026
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NC: 2026:KHC:7564
WP No. 46832 of 2019
C/W WP No. 2003 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 46832 OF 2019 (L-RES)
C/W
WRIT PETITION NO. 2003 OF 2025 (L-RES)
IN WP No. 46832/2019
BETWEEN:
A ANILKUMAR,
S/O K AMARANARAYANA SETTY,
AGED ABOUT 45 YEARS,
R/AT NO.229/A, TANK 'B, MAIN ROAD,
2ND STAGE, SUBRAMANYANAGAR,
BANGALORE - 560021.
...PETITIONER
(BY SRI RAMESH KUMAR M C, ADVOCATE FOR
SRI. C N KRISHNA REDDY.,ADVOCATE)
Digitally
signed by
AND:
PRAMILA G V
Location: M/S THE MANAGEMENT OF POONAM COTTONS
HIGH COURT SITUATED AT NO.42, D K LANE, R T STREET,
OF
27TH CROSS, CHICKPET, BANGALORE-560053,
KARNATAKA
REPRESENTED BY ITS PROPRIETOR,
NAMELY SMT PREETHI V JAIN.
...RESPONDENT
(BY SRI MANJUNATHA B., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
MODIFY THE AWARD DATED 25.10.2018 PASSED BY THE
PRINCIPAL LABOUR COURT, BANGLAORE IN I.D.NO.7/2016
VIDE ANNEXURE-A AND FURTHER DIRECTED THE
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NC: 2026:KHC:7564
WP No. 46832 of 2019
C/W WP No. 2003 of 2025
HC-KAR
RESPONDENT MANAGEMENT TO PAY FULL BACKWAGES AND
ALSO CONSEQUENTIAL BENEFITS FROM THE DATE OF
REFUSAL OF WORK TILL THE DATE OF REINSTATEMENT WITH
CONTINUITY OF SERVICE.
IN WP NO. 2003/2025
BETWEEN:
M/S POONAM COTTONS,
REPRESENTED BY ITS EX PROPRIETOR,
SMT. PREETHI V JAIN, PITALYA NIWAS,
NO.331, 9TH MAIN, 52ND CROSS,
4TH BLOCK, RAJANJINAGAR,
BENGALURU-560010.
...PETITIONER
(BY SRI MANJUNATHA B.,ADVOCATE)
AND:
A ANIL KUMAR,
S/O K AMRANARAYA SHETTY,
AGED ABOUT 45 YEARS,
NO.229/A,
TANK BU MAIN ROAD, 2ND STAGE,
SUBRAMANYANAGAR,
BENGALURU-560021.
...RESPONDENT
(BY SRI RAMESH KUMAR M C, ADVOCATE FOR
SRI. C N KRISHNA REDDY.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE ENTIRE RECORDS LEADING TO THE PASSING OF THE
AWARD DTD. 25.10.2018 PASSED BY THE PRINCIPAL LABOUR
COURT, BENGALURU IN ID NO. 07/2016 AS PER ANNX-E.QUASH
THE AWARD DTD. 25.10.2018 PASSED BY THE PRINCIPAL
LABOUR COURT, BENGALURU IN ID 07/2016 AS PER ANNX-
E.QUASH THE ORDER DTD. 20.01.2024 PASSED BY THE 1ST
ADDL. LABOUR COURT, IN APPLICATION NO. 02/2019 AS PER
ANNX-K.
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WP No. 46832 of 2019
C/W WP No. 2003 of 2025
HC-KAR
THESE PETITIONS, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
W.P.No.46832/2019 is filed assailing the award passed by
the Principal Labour Court, Bangalore in I.D.No.7/2016. In
terms of the award dated 25.10.2018, the claim of the 1st party
- petitioner is allowed in part. The order dated 08.10.2015
refusing employment is set-aside. The Management - employer
is directed to reinstate the 1st party without backwages. The
workman has assailed the award denying the backwages.
2. The Management-employer has filed W.P.No.2003/
2025 assailing the award directing reinstatement.
3. Learned counsel for the employer and the learned
counsel for the workman are before this Court and have filed a
joint memo reporting settlement. The joint memo is duly signed
by learned counsel for the workman and the learned counsel for
the employer.
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4. The workman who is present before the Court and
admits that he has agreed to settle the dispute by receiving
Rs.3,00,000/- towards full and final settlement of the matter.
5. The terms and conditions of the settlement are as
under:
"1. The Respondent workman herein has raised the dispute before the Labour Court in ID 07/2016. The Labour Court passed the Award dated 25.10.2018 and directed the Petitioner's Management to reinstate the Respondent. However, as on the date of passing the Award, the Petitioner's establishment was closed. The Respondent herein for execution of the Award has filed the 33(C)(2) Applications in Application No 02/2019 and another Application No 1/2020 and 14/2021 (3 separate applications).
2. The Petitioner being aggrieved by the Award dated 25.10.2018 and subsequent order in Application No 01/2020 dated 20.01.2024 has filed the Writ Petition No 2003/2025. The Respondent workman seeking back wages has filed Writ Petition in WP No 46832/2019.
3. During pendency of above Writ Petitions, on the intervention of the Hon'ble Court and suggestions to resolve the issue amicably and efforts by the parties had several rounds of discussions. After threadbare discussions as Win-Win situation and to
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HC-KAR
put an end to all the litigations between the parties forever, both the parties have agreed to settle the issues amicably.
4. Accordingly, as agreed by the parties, towards full and final settlement of the claims made by the Respondent workman before this Hon'ble Court and before the Labour Court in ID 07/2016 in Application No 02/2019; Application No 1/2020 and 14/2021 which including the notional gratuity, the Respondent workman has agreed to receive total full and final settlement of Rs 3,00,000/- ("Settlement Payment") which including Gratuity and the Petitioner has agreed to pay the full and final settlement amount of Rs 3,00,000/- to the Respondent workman. Accordingly, the Petitioner herein has paid Rs 2,00,000/- by way of Demand Draft dated 07.02.2026 bearing No. 461077 and Rs 1,00,000/-by way of Cash.
5. The amount of Rs 3,00,000/- paid to the Respondent workman as full and final settlement of all his claims/reliefs sought in all the pending litigations before the Labour Court and in the above Writ Petitions. The Respondent has agreed that he will not make any claim/demands in whatsoever manner against the Petitioner and accepts that the above amount is full and final settlement in all manner. The Respondent workman has also agreed to withdraw all other cases filed by him before the Labour Court and authorities.
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HC-KAR
In view of the settlement arrived between the parties, both the parties respectfully prays that this Hon'ble Court be pleased to pass order/Judgment in terms of this settlement by substituting/modifying the Award dated 25.10.2018 passed by the Principal Labour Court, Bengaluru in ID 07/2016 and consequently direct the Principal Labour Court, Bengaluru to refund Rs 75,000/- which deposited pursuant to the interim order dated 24.01.2025 in the name 'Mrs Preethi V Jain', in the interest of justice and equity."
6. This Court has perused the terms of the settlement
and also made an enquiry with the parties present before the
Court. The parties admit that they have voluntarily entered into
settlement after understanding the terms and conditions.
7. The workman acknowledges receipt of
Rs.2,00,000/- through Demand Draft bearing No.461077, dated
07.02.2026 and acknowledges receipt of Rs.1,00,000/- through
cash which is paid before this Court.
8. This Court does not find any impediment to accept
the joint memo.
9. Hence, the following:
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ORDER
(i) The impugned award dated 25.10.2018 on the file of Principal Labour Court, Bangalore in I.D.No.07/2016 is set aside in terms of joint memo.
(ii) Accordingly, the petition is disposed of in terms of joint memo.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE
GVP List No.: 1 Sl No.: 36
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