IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE Mr. JUSTICE R DEVDAS WRIT PETITION NOs.8066-8067 OF 2019 (L-RES) & WRIT PETITION NO.8169 OF 2019 Between:
1. Sri T S R Khannaiyyan, 68 years, Managing Director, No.66, M/s.Hindustan Heavy Electricals Pvt.Ltd., Avarampalyam Road, Coimbatore, Tamil Nadu-641006.
2. Sri C V Sathyanarayana, 65 years, Manager, Hindustan Distilleries(Karnataka), Formerly M/s.Gauri Industries (Karnataka) Pvt.Ltd., B.H.Road, Gauribidanur-561 208, Chickballapur District, Karantaka. ... Petitioners (By Sri.Pradeep Kumar J, Adv., by Kasturi Associates) And:
1. Deputy Commissioner Revenue, Chickballapura-562101, Chickballapur District.
2. The Thasildar Gouribidanur-561208, Chickballapur District.
3. M/s Karnataka Employees Federation (R), No.A-158, Sri Srinivasa Nilaya, Vidyanagara, Gauribidanur-561 208, Chickballapur District, By its President C.S.Mohan.
4. M/s Hindustan Distilleries Employees Union (R), Office at No.48, Kachamachenahalli, Kenkre Post, Hossur Hobali-561 210, Gauribidanur Taluk, Chickballapur District, By its President, Sri K.N.Narasimha Murthy.
5. Deputy Labour Commissioner Division-1, Karmika Bhavana, Bannerughatta Road, Bengaluru-560 029.
6. Assistant Director of Factories Division-7, Karmika Bhavana, Bannerughatta Road, Bengaluru-560029. ... Respondents (By Sri. C S Mohan / Party-In-Person for R3 & R4 Smt. Prathima.M.S, AGA for R1, R2 & R5) .
These Writ Petitions are filed under Article 226 of the Constitution of India praying to quash the recovery certificates GPÁD¨ÉA-1/ªÉÃ¥ÁPÁ/¹Dgï-1/2015-16 dated 15.12.2016, GPÁD¨ÉA-
1/ªÉÃ¥ÁPÁ/¹Dgï-2/2015-16 15.12.2016 and GPÁD¨ÉA-1/ªÀ¸ÀƯÁw/¹Dgï-4/2016-17 10.11.2017 issued by R-5 which are at Annexures-G, H & J and hold that the petitioners are not liable to pay any amounts as detailed in the said recovery notices.
These Writ Petitions coming on for admission, this day, the Court made the following:-
ORDER The order adjourning the matter in the morning session is hereby recalled.
The parties to the proceedings have filed a Joint Memo dated 15.02.2019 stating that the parties have amicably settled the issue and the petitioner has agreed to pay Rs.2,30,000/- to each of the workers and shall reinstate four employees along with Rs.2,30,000/- to each of the four employees. It is also stated that the four employees were reinstated w.e.f. 05.12.2018 at Gowribidanoor Factory. In view of this settlement, respondent Nos. 3 and 4 agree to withdraw all cases and claims against the Petitioner Company.
2. It is also stated that in view of the settlement the Recovery Certificates do not survive and respondents No.3 and 4 do not press the orders at Annexures - G, H and J and the same may be quashed and set aside.
3. Both parties submit that the terms of settlement have been recorded before the Court below and a copy of the said Memorandum of Settlement is produced along with the Joint Memo at Annexure-A.
As a consequence, it is prayed by the parties that the petitions may be allowed and the impugned orders at Annexure - G, H and J be quashed in the interest of justice and equity.
Accordingly, in terms of the Joint Memo dated 15.02.2019, the Writ Petitions are allowed and the impugned orders at Annexure - G, H and J are hereby quashed and set aside.
Sd/- JUDGE Psg*