IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.5251 OF 2018 (L-RES) BETWEEN:
M/s. BEML Ltd., Bangalore Complex, P.B. No.7501, Bengaluru – 560 075.
By its Senior Manager (Legal), Smt. Divya .B.
(By Sri. N.S. Narasimha Swamy, Advocate) AND:
Mr. E. Ramakrishnappa S/o Erappa, Aged about 48 years, R/at No.63, Balagere Village, Varthur Hobli, Panathur Post, Bengaluru – 560 087.
(By Sri. K.B. Narayanaswamy, Advocate) …Petitioner …Respondent This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order of the Central Government Industrial Tribunal cum Labour Court (CGIT) passed on the preliminary issue of fairness of domestic enquiry in I.D. No.8/2011 dated 05.03.2014 and etc., This writ petition coming on for Orders this day, the court made the following:
ORDER Parties have filed a joint memo of settlement, which reads as under:
“The petitioner and respondent respectfully submit as under:
1. The petitioner filed the above petition against the respondent seeking to quash the impugned orders of the Central Government Industrial Tribunal cum Labour Court (CGIT) dated 02.02.2012 and 19.05.2017 in I.D. No.8/2011.
2. That, subsequently, the respondent expressed his desire to settle the dispute amicably and requested the petitioner management for a settlement. Thereafter, the matter was discussed and deliberated between the parties and ultimately the parties have arrived at a compromise, the terms of which are as under:
i. That the petitioner will reinstate the respondent in the same post with the same pay scale (last drawn), which he held at the time of his termination from the petitioner company;
ii. That the petitioner shall grant the respondent continuity of service for the purpose of payment of gratuity only;
iii. That the petitioner shall pay to the respondent by way of compensation an amount of Rs.8.00 Lakhs, which amount shall not be considered for calculation of any benefit including but not limited to PF and shall be paid after statutory deductions, if any.
3. That the terms and conditions of this Joint Memo are conclusive and are in full and final settlement between the parties in the above matter and parties shall not press for any relief sought under the said ID No.8/2011 or the above writ petition.
Therefore, the petitioner and the respondent humbly pray that this Hon’ble Court may be pleased to take this Joint Memo on record and dispose of the above writ petition as settled out of court in the interest of justice and equity.”
2. Petitioner is directed to assess the calculation of Rs.8,00,000/- towards each of the issue like arrears of pay, etc., so that the items exempted under the Income Tax would be made known. Such calculation shall be prepared and furnished to the respondent.
3. Petitioner is hereby directed to comply the terms and conditions of the joint memo read with the order within a period of one week.
Sd/- JUDGE MBM