THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.26041 OF 2015 (L-TER) BETWEEN:
SRI VIRUPAKSHA S/O NANJUNDAPPA AGED ABOUT 45 YEARS R/O. NO.35, (OLD NO.18), 2ND FLOOR 13TH ‘A’ MAIN ROAD 17TH CROSS, MALLESHWARAM BENGALURU – 560 003 PRESENT ADDRESS SRI VIRUPAKSHA S/O NANJUDAPPA AGED ABOUT 45 YEARS R/O. NO.79, 17TH CROSS 3RD MAIN ROAD, MARGOSA ROAD MALLESHWARAM BENGALURU – 560 003 ... PETITIONER (BY SRI ONKARA K.B. AND SRI D.R.SUNDARESH, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR VIKASA SOUDHA BENGALURU – 560 001 2. ASIANET STAR COMMUNICATIONS LTD. HAVING REGISTERED OFFICE AT JAY CHAMBERS, B- WING SERVICE ROAD, VILE PARLE (E) MUMBAI – 400 057 REP. BY ITS MANAGING DIRECTOR 3. ASIANET STAR COMMUNICATIONS LTD. BRANCH OFFICE AT EMBASSY POINT GROUND FLOOR 150, INFRANTRY ROAD BENGALURU – 560 001. REP. BY ITS SENIOR MANAGER (ADMIN) ... RESPONDENTS (BY SRI A.C. BALARAJU, HCGP FOR R1;
SRI DHYAN CHINNAPPA, SENIOR ADVOCATE & SRI A.SIVADASAN, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/AWARD PASSED BY II ADDITIONAL LABOUR COURT, BENGALURU, IN ID No.03/2013 ON 23.02.2015 (ANNEXURE-‘A’) WHEREIN THE CLAIM PETITION FILED BY THE PETITIONER UNDER SECTION 10(4-A) OF INDUSTRIAL DISPUTE ACT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R R.DEVDAS J., (ORAL):
The learned counsels for the petitioner and respondents Nos.2 and 3 have filed a Joint Memo dated 20.03.2019 stating that the parties have amicably settled the matter.
2. On the previous date of hearing, after hearing the learned counsels, this Court had suggested the parties to settle the matter amicably. Accordingly, learned counsels have discussed the matter and today, they have filed the joint memo. According to the joint memo, the respondents have agreed to settle the matter by paying an all inclusive lumpsum amount of Rs.5,00,000/- (Rupees Five Lakhs Only) towards full and final settlement as claims of the petitioner.
3. Learned counsel for the petitioner submits that during termination of the petitioner, the respondents had issued a demand draft bearing No.743450 for a sum of Rs.1,66,773/- dated 24.07.2012 which admittedly has not been encashed by the petitioner. Under the facts and circumstances of this case, this Court would deem it appropriate to direct the respondents to pay another sum of Rs.1,00,000/- (Rupees One Lakh Only) along with the lumpsum amount of Rs.5,00,000/- which has been agreed by the respondents. Today, the respondents have handed over the demand draft for Rs.5,00,000/- to the petitioner before this Court. The joint memo is taken on record. Accordingly, the petition is disposed of directing the respondents to pay an additional amount of Rs.1,00,000/- to the petitioner within a period of two weeks from today.
SD/- JUDGE KLV