IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.4306/2018 (L TER) BETWEEN RAPSRI ENGINEERING PRODUCTS COMPANY LTD., PLOT NO.318F, KIADB INDUSTRIAL AREA, BANNIKUPPE VILLAGE, HAROHALLI 2ND PHASE, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562112 REPRESENTED BY ITS EXECUTIVE DIRECTOR & COMPANY SECRETARY, SRI R SRIDHARAN ... PETITIONER (BY SRI SOMASHEKAR, ADV.) AND 1. SRI M THARSIS S/O SRI J MANIKYAM, AGED 55 YEARS, R/AT NO.30, 3RD CROSS, VALLABHNAGAR, UTTARAHALLI MAIN ROAD, SUBRAMANYAPURA, BENGALURU-560061 2. THE BRANCH MANAGER PUNJAB NATIONAL BANK, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE-560041.
3. THE BRANCH MANAGER CANARA BANK, JAYANAGAR SHOPPING COMPLEX, IV BLOCK, JAYANAGAR, BANGALORE-560011.
(BY SRI L HARISH KUMAR, ADV. FOR R1, SMT. SOHANI HOLLA, ADV. FOR R3, R2 – SERVED.) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28.01.2011 IN SL.APPLN.NO.11/2007 PASSED BY THE INDUSTRIAL TRIBUNAL, BENGALURU AT ANNEXURE-T SETTING ASIDE THE DOMESTIC ENQUIRY.
THIS WRIT PETITION COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Counsel for the petitioner files a memo into Court and submits that the parties have arrived at an out of court settlement before the Assistant Labour Commissioner, Dvision-1, Bangalore and hence, in view of the settlement arrived at between the parties, petition be disposed off as having been settled.
A copy of the settlement Form-H filed before the Assistant Labour Commissioner is also enclosed along with the memo which reads as follows:-
“FORM-H MEMORANDUM OF SETTLEMENT ENTERED INTO BETWEEN THE MANAGEMENT OF RAPSRI ENGINEERING PRODUCTS COMPANY LTD., PLOT NO.318F, KIADB INDUSTRIAL AREA BANNIKUPPE VILLAGE, HAROHALLI 2ND PHASE, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 112 AND WORKMAN SRI M.THARSIS, S/O SRI J.MANIKYAM, RESIDING AT NO.30, 3RD CROSS, VALLABHNAGAR, UTTARAHALLI MAIN ROAD, SUBRAMANYAPURA, BENGALURU – 560061 UNDER SECTION 12(3) OF THE INDUSTRIAL DISPUTES ACT, 1947 READ WITH SECTION 18(3) OF THE I.D.ACT 1947 AND RULE 59(1) OF THE INDUSTRIAL DISPUTES (KARNATAKA) RULES, 1957.
BETWEEN:
Sri M.Tharsis S/o Sri J.Manikyam Aged 55 years Residing at No.30, 3rd Cross, Vallabhnagar, Uttarahalli Main Road Subramanyapura Bengaluru-560061 :
PETITIONER AND:
Rapsri Engineering Products Company Ltd., Plot No.318F, KIADB Industrial Area Bannikuppe Village, Harohalli 2nd Phase Kanakapura Taluk, Ramanagara District – 562112 Represented by its Executive Director Sri R.Sridharan :
RESPONDENT SHORT RECEITAL OF THE CASE Whereas, the Respondent is engaged in the business of processing and manufacturing of ferrous and non- ferrous machine non-machine castings;
Whereas, the petitioner was issued with charge sheet for certain misconducts and enquiry was conducted against the petitioner workman. Since a dispute concerning the petitioner was pending in I.D.No.182/2006 before the Hon’ble Industrial Tribunal, Bangalore, the Respondent made an application under Section 33(1)(b) of I.D.Act seeking permission to the proposed dismissal order dated 02.02.2007. Accordingly, the Respondent filed an application No.11/2007 in I.D.No.182/2006 seeking permission to dismiss the petitioner from services.
Whereas, After hearing the parties, the Hon’ble Industrial Tribunal, Bengaluru has passed an order dated 06.09.2017 in Sl.Appln.No.11/2007 rejecting the application filed under Section 33(1)(b) of the Industrial Disputes Act;
Whereas, the Respondent management challenged the said order before the Hon’ble High court of Karnataka in W.P.No.4306/2018 (l-RES) which is still pending;
Whereas, the Petitioner filed an application before Assistant Labour commissioner claiming subsistence allowance which is also pending in the file i.e., ALC- 1/SAA/CR/NO.1/2014-2015;
Whereas, since 2011 the petitioner is gainfully employed and as such workman Sri Tharsis has requested the Respondent management to settle the matter monetarily;
And whereas the Respondent on holding discussions with the petitioner workman have settled the above dispute amicably on the following terms:
TERMS OF SETTLEMENT 01. The second party has paid today a sum of Rs.2,50,000/- (Rupees Two Lakhs fifty thousand only) to petitioner vide cheque no.001568 dated 3/7/19 drawn on HDFC Bank Richmond Road Branch, Bangalore in full and final settlement of all his claims made against the Respondent including his claim for back wages, reinstatement, re-employment, leave wages, salary, bonus, subsistence allowances and Gratuity etc.
02. The petitioner workman namely Sri M.Tharsis acknowledge the receipt of Cheque indicated in clause 01 above, in full and final settlement of all his claims made against the Respondent including their claim for back wages, reinstatement, re-employment, leave wages, salary, bonus, Subsistence allowances and gratuity etc.
03. It is agreed between the parties that in view of this settlement, the petitioner workman namely Sri M.Tharsis shall not be entitled to reinstatement, re- employment and or fresh employment with the Respondent management.
04. It is agreed that In view of this settlement the jural relationship of employer and employee between the Respondent management and petitioner namely Sri M.Tharsis shall cease to exist.
05. It is agreed between the parties that the petitioner is not entitled to subsistence allowance as per the Karnataka Subsistence Allowance Act as the petitioner engaged in other business activities.
06. It is agreed between the parties that inview of this settlement the petitioner workmen Sri M.Tharsis shall not be entitled to any other relief monetary or otherwise against the Respondent management.
07. It is agreed by both the parties that in view of this settlement the petitioner workmen Sri M.Tharsis has given up the claim amount ordered by the Hon’ble High court in writ petition No.777/2011 (L-TER).
08. It is agreed that the Respondent management will withdraw the writ petition No.4306/2018 by filing memo as settled between the parties as per this joint memo.
09. It is agreed between the parties that the petitioner agreed to file a copy of this settlement before Assistant Labour commissioner, Division-1, Bangalore as settled in the file of ALC-1/SAA/CR/NO.1/2014- 2015 claiming subsistence allowance as settled between the parties. The petitioner is not entitled for any subsistence allowances or difference of subsistence allowances from the respondent management.
10. It is agreed between the parties that by virtue of this settlement, the petitioner is not entitled for any other benefits arising out of any awards, orders or disputes raised by the union.
This settlement is signed on this 3rd July 2019 at Bangalore.”
The submission of the learned counsels for the petitioner is placed on record. Petition is disposed off in terms of the memo.
In view of disposal of the above writ petition, I.A. 1/2019 does not survive for consideration and is accordingly disposed off.
There shall be no order as to costs.
Chs* CT-HR Sd/- JUDGE