IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.10248 OF 2011 (L-RES) BETWEEN:
Shri. Subhash, Aged about 57 years, S/o. Arjun, C/o. C.Krishnareddy, Sarjapura Road, Bengaluru – 560 035. ... Petitioner (By Sri. Ashok B. Patil, Advocate) AND:
1. The Management of Mico Limited, P.B.No.3000, Audugodi Post, Bengaluru – 560 010.
Rep. by its General Manager 2. The Secretary, Department of Labour M.S.Building, Dr. B.R.Ambedkar Veedhi, Bengaluru – 560 001.
3. Mico Employees Association Reg. No.147, #33, Shramajeevi Bhavan, Bannerghatta Road, Bengaluru – 560 030. ... Respondents (By Sri.K. Mohan Kumar, Advocate for R1; Sri. A.C.Balaraju, HCGP for R2;
Notice to R3 is served but unrepresented) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned award dated 20.01.2006 passed by the III Additional Labour Court, Bengaluru in Ref.No.28/2002 vide Annexure – E, and consequently remand the matter to the III Additional Labour Court, Bengaluru with a direction to extend opportunities to both the parties and thereafter pass an award in accordance with law.
This writ petition coming on for Orders this day, the Court made the following:
ORDER The parties before the Court have filed a Joint Memo dated 14.02.2019 and the petitioner is also present before the Court.
2. As per the Joint Memo, the respondents, purely on compassionate ground, has agreed to pay the petitioner a sum of Rs.4,25,000/- as full and final settlement of all the claims against the respondent- Management. The petitioner has agreed to receive the said sum in full and final settlement and agrees that he shall have no claim against the respondent-Management in regard to termination of his services in the year 2000 and that he will not make any claim against the Respondent-Management monetary or otherwise.
3. It is also admitted by the petitioner that he has attained the age of superannuation on 05.11.2014. The petitioner admits that he has already withdrawn the gratuity amount payable to him, which was deposited before the Controlling Authority. The petitioner may also withdraw his provident fund amount which is to his credit, if he has not withdrawn the same.
4. A cheque for Rs.4,25,000/- is paid today before this Court to the petitioner by the respondent – Management. The petitioner has received the cheque in the presence of the Court.
5. The parties also agree that the amount payable under the Joint Memo has been spread over from the date of termination till the date of superannuation and no issues on any amount is outstanding between the parties.
6. In that view of the above, the writ petition is disposed of in terms of the Joint Memo.
Sd/-
JUDGE KTY.