IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.10415/2014 (S-RES) BETWEEN PROF. E JEROME XAVIER JESURAJA S/O R EMMANUEL, AGED ABOUT 53 YEARS, FORMER PRINCIPAL ST. ANNE’S DEGREE COLLEGE FOR WOMEN, NO.23, CAMBRIDGE ROAD, HALASURU, BANGALORE-560 008 R/AT NO.320, 3-D, MAIN ROAD, OMBR LAYOUT, BANASWADI, BANGALORE-560 043.
... PETITIONER (BY SRI S V NARASIMHAN, ADV.) AND 1. ST. ANNE’S DEGREE COLLEGE FOR WOMEN, NO.2, CAMBRIDGE ROAD, HALASURU, BANGALORE-560 008 REPRESENTED BY ITS PRESIDENT.
2. THE BANGALORE UNIVERSITY, JNANA BHARATHI, BANGALORE-560 007, REPRESENTED BY ITS REGISTRAR.
... RESPONDENTS (BY SRI J KANIKARAJ, ADV. FOR R1, SRI T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH JUDGMENT DATED 23RD JANUARY 2014 IN M.A. [EAT] NO.16/2012 OF THE EDUCATIONAL APPELLATE TRIBUNAL AND THE III ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY VIDE ANN-A ETC.
THIS WRIT PETITION COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner and learned counsel for respondent No.1 submit that the matter has been amicably settled and the parties have filed a Joint Memo of Compromise into the Court on 13.08.2019 and pray that the writ petition be disposed of in terms of the Joint Memo of Compromise.
2. Learned counsel for respondent No.2 submits that respondent No.2 has no objection for disposal in terms of the Joint Memo of Compromise. Learned counsel for respondent No.1 submits that in terms of the compromise, the Demand Draft bearing No.009689 dated 29.07.2019 drawn on HDFC Bank for a sum of Rs.16,20,000/- is handed over to the learned counsel for the petitioner.
3. Learned counsel for the petitioner admits the receipt of the Demand Draft.
4. It is submitted that the claim of the petitioner has been settled for a sum of Rs.18,00,000/- and that the same attracts a tax liability and the TDS component of Rs.1,80,000/-. After deducting the said sum of Rs.1,80,000/-
, a sum of Rs.16,20,000/- is paid to the petitioner by way of Demand Draft.
5. Submission of the learned counsel is placed on record. The Joint Memo of Compromise reads as under:
“JOINT MEMO OF COMPROMISE The Parties herein most respectfully submits as under:
01. It is submitted that the Petitioner herein has assailed the Order passed by the EDUCATION APPELLATE TRIBUNAL in M.A.(EAT) NO:16/2012, dated 23.01.2012 wherein the Honourable Court was pleased to dismiss the Memorandum of Appeal preferred by the Petitioner herein.
02. It is submitted that this Hon’ble Court was pleased to order issue of notice to the Respondents and the First Respondent having entered appearance in the matter, the Hon’ble Court was pleased to post for admission.
03. During the pending of the said proceedings, the Petitioner and First Respondent having discussed and deliberated on all issues arising of Employment/Non-employment, including reinstatement, backwages, continuity of service and consequential benefits have agreed to reach an out of court settlement on the terms herein after stated.
04. It is submitted that the Petitioner has agreed to give up his right of reinstatement, claim back wages, continuity of service, consequential benefits, inclusive of gratuity, leave wages, bonus etc, against the First Respondent.
05. It is submitted that the First Respondent in consideration of the same, has agreed to pay an amount of Rs.18,00,000.00 (Rupees Eighteen Lakhs only) in lieu of reinstatement, back wages, continuity of service, consequential benefits, inclusive of gratuity, leave wages, bonus etc, in full and final settlement of all dues payable to the Petitioner arising out of Employment./Non- Employment.
06. It is agreed by the Petitioner that with the receipt of the of said sum of Rs.18,00,000.00 (Rupees Eighteen Lakhs only), the jural relationship of employer-employee comes to an end and that the Petitioner has no further claim against the First Respondent either monetary or otherwise.
07. The First Respondent herein pays the said sum of Rs.16,20,000.00 + TDS of Rs.1,80,000.00 (Rupees Sixteen Lakhs Twenty Thousand only) vide DD bearing No.009689, dated 29.07.2019 and being drawn on HDFC Bank, Cambridge Road Branch, Bangalore, drawn in favor of the Petitioner.
08. WHEREFORE, the parties herein respectfully prays that this Honourable Court be pleased to take this Joint Memo of Compromise on record and be pleased to dispose off the above matter in terms of this Joint Memo of Compromise to meet the ends of justice.
09. It is prayed accordingly.
Sd/- Sd/-
Petitioner Respondent Sd/- Sd/-
Advocate for Petitioner Advocate for Respondent Bangalore Date:8.8.2019”
Accordingly, the writ petition stands disposed in terms of the Joint Memo of Compromise.
No order as to costs.
VM CT:HR Sd/- JUDGE