IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.12165 OF 2011 (L-RES) BETWEEN:
MR. SANJEEV SHARMA MANAGER-HR, ITC WINDSOR HOTEL, NO.25, GOLF COURSE ROAD, BENGALURU-560 052. …PETITIONER (BY SRI K. KASTURI, SR. COUNSEL FOR K. SUBHA ANANTHI, ADVOCATE) AND:
1. SECRETARY LABOUR DEPARTMENT, GOVERNMENT OF KARNATAKA, MULTI-STORIED BUILDING, VIDHANA VEEDHI, BENGALURU.
2. SMT. SARASWATHI C/O KARNATAKA STATE HOTEL AND RESORTS STAFF AND WORKERS UNION, NO.43, MIG, 2ND PHASE, 2ND FLOOR, KHB COLONY, BASAVESHWARANAGAR, BENGALURU-560 079. ... RESPONDENTS (BY SRI A.C. BALARAJ, HCGP FOR R-1;
SRI K.B.NARAYANA SWAMY, ADVOCATE FOR SRI M.C. NARASIMHAN, ADVOCATE FOR C/R-1; SRI M.C. NARASIMHAN, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF THE FIRST RESPONDENT IN PROCEEDINGS NUMBER KAE 333-IDA 2010 AND ETC.
THIS WRIT PETITION IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The parties request that this Hon’ble Court may be pleased to direct that the amount payable under paragraph 1 be spread over for the period of unemployment i.e., from 28.04.2010 to July 2019.
2. In paragraph 6 of the joint memo, the parties have agreed for quashing of sanction order in Order No.KAE 333 – IDA 2010 at Annexure-H and the paragraph 6 of the joint memo reads as under:
“6. That the Respondent also agrees not to press that sanction granted in her favour to prosecute Mr. Sanjeev Sharma, under Sections 25 (T) and Section 34 of the Industrial Disputes Act, the Petitioner in W.P.12165/2011 (L) and the said writ petition be disposed of as settled out of court and the impugned order of sanction in Order No.KAE 333 – IDA 210 at Annexure H to the Writ Petition be quashed.
In view of joint memo and submission of learned counsel in the presence of parties, order dated 31.01.2011 at Annexure-H is set aside.
Sd/- JUDGE HA/-