IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.2109/2016 (L-RES) BETWEEN 1. THE MANAGEMENT OF M/S. BRINKS INDIA PVT. LTD., 2ND BLOCK, GROUND FLOOR, KOLANDAPPA GARDEN, ANEPALYA, ADUGODI POST, BANGALORE-560030.
BY ITS BRANCH MANAGER 2. M/S BRINKS INDIA PVT. LTD. HAVING ITS REGISTERED OFFICE, AT NO.29, BANK STREET, FORT, MUMBAI-400001, REPRESENTED BY ITS MANAGING DIRECTOR.
... APPELLANTS (BY SRI VIGHNESHWAR S. SHASTRI, ADVOCATE) AND K.R. RAGHAVENDRA SINGH S/O K.B. RAMDAYAL SINGH, AGED ABOUT 42 YEARS, R/A NO.93, 5TH CROSS, DEVEGOWDA BLOCK, ADUGODI, BANGALORE-560030.
... RESPONDENT (BY SRI P.N. NANJA REDDY, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 14427/2013 DATED 22/06/2016.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, P.S. DINESH KUMAR, J, MADE THE FOLLOWING:
O R D E R By consent of learned Advocates on both sides, the appeal is taken up for final disposal.
2. Heard Sri Vighneshwar S. Shastri, learned advocate for the appellant-Management and Sri P.N. Nanja Reddy, learned advocate for the respondent-petitioner.
3. For the sake of convenience, parties are referred as per their status in the writ petition.
4. This appeal is presented by the Management of M/s. Brinks India Pvt. Ltd., challenging order dated 22.06.2016 passed by the Hon’ble Single Judge in WP No.14427/2013.
5. Petitioner was working as a ‘Gun man’ with M/s. Brinks India Pvt. Ltd. Disciplinary action was initiated against him for certain misconduct and after holding enquiry, he was dismissed from service. Petitioner challenged the dismissal order before the Labour Court in I.D.No.73/2009. The Labour Court, by order 17.07.2012, ordered reinstatement with continuity of service and other consequential benefits but denied back wages and two increments due in the years 2010 and 2011, respectively. The Hon’ble Single Judge has modified Labour Court’s order and directed reinstatement with 50% back wages from the date of termination till the date on which the award becomes enforceable.
6. It is submitted by learned advocates on both sides that the parties have amicably resolved the dispute. On instructions from Sri Manoj, Senior Manager of appellant Company, Sri Shastri submits that Management is prepared to pay a sum of Rs.4,00,000/- as ‘full and final’ settlement to the petitioner subject to the petitioner not claiming either reinstatement or back-wages. After considering the offer, the same is accepted by Sri P.N. Nanja Reddy, learned Advocate for the petitioner. Hence, the following:
ORDER (i) The impugned order dated 22.06.2016 passed by the Hon’ble Single Judge in W.P. No.14427/2013 is modified and the appellant-Management is directed to pay a sum of Rs.4,00,000/- as one time full and final settlement to the petitioner within four weeks from the date of receipt of a copy of this order; and (ii) It is clarified that petitioner shall also be entitled for statutory benefits, if any.
(iii) Appeal is accordingly disposed of.
In view of disposal of the appeal, I.A. No.1/2017 does not survive for consideration and it is also disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Sbs*