M/S Fosroc Chemicals (India) Ltd vs Sri T Hanumantharayappa on 12 July, 2017

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Karnataka High Court

M/S Fosroc Chemicals (India) Ltd vs Sri T Hanumantharayappa on 12 July, 2017

Bench: L.Narayana Swamy

                          1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 12TH DAY OF JULY, 2017

                      BEFORE

 THE HON'BLE Mr. JUSTICE L.NARAYANA SWAMY

       WRIT PETITION NO. 5549/2013 (L-RES)

BETWEEN:

M/S. FOSROC CHEMICALS (INDIA) LTD.,
SITUATED AT KULUVANAHALLI,
KULUVANAHALLI POST,
NELAMANGALA TALUK,
NH-4, 41ST KM,
BANGALORE RURAL DISTRICT,
REPRESENTED BY ITS DIRECTOR
MR. GURUPAD N. BHAT.
                                       ... PETITIONER

(BY SRI. SOMASHEKAR, ADVOCATE)

AND:

SRI. T. HANUMANTHARAYAPPA,
S/O LATE THIMMA HANUMAIH,
MAJOR,
NO. 377, BHUVANESHWARI NAGARA,
BEHIND I.P.A. FACTORY,
HESARAGHATTA MAIN ROAD,
BANGALORE - 560 057.
                                      ... RESPONDENT

(BY SRI. C.N. KRISHNA REDDY, ADVOCATE FOR CAVEATOR
RESPONDENT)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE    IMPUGNED    AWARD     DATED   15.11.2012 VIDE
ANNEXURE-C AND IMPUGNED ORDER DATED 8.11.2009
VIDE ANNEXURE-A PASSED IN I.D. NO. 126/2000 BY THE
FIRST ADDITIONAL LABOUR COURT, BANGALORE.
                                        2



          THIS PETITION COMING ON FOR PRELIMINARY
     HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
     FOLLOWING:

                               ORDER

Learned counsel on both sides submit that the parties have amicably settled the litigation between them and have filed a joint memo dated 12.07.2017, under which, the respondent-workman has agreed to receive a sum of Rs.7,50,000/- (Rupees seven lakhs fifty thousand only) in full and final settlement of his claim. The 'joint memo' dated 12.07.2017 reads as under:

"TERMS OF SETTLEMENT

01. The petitioner has, on this day paid Rs. 7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) to the respondent by two Account Payee Cheques as detailed below in full and final settlement of all the claims of the respondent including his claims to towards ex-gratia payment, bonus, leave wages, gratuity etc. Both the cheques are drawn in favour of the respondent.

a) Ex-gratia for the period from Rs.454349/-

06.10.2000 to 31.05.2017:

b) Leave wages from from Rs. 47813/-

06.10.2000 to 31.05.2017:

c) Bonus for the year 2000-2001 to Rs. 149400/-

2016-2017:

d) Gratuity (1982 to 31.05.2017): Rs. 98438/-

Total Rs. 7,50,000/-

e) An amount of Rs. 5,00,000/- (Rupees Five Lakhs only) is paid by cheque bearing No. 002526 dated 10.07.2017 drawn on HDFC Bank, Ganganagar Branch, Bengaluru in favour of respondent;

f) An amount of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) is paid by cheque bearing No. 002527 dated 10.07.2017 drawn on HDFC Bank, Ganganagar Branch, Bengaluru in favour of respondent;

02. The respondent workman acknowledges receipt of the two cheques detailed in clause (1) above in full and final settlement of all his claims including ex-gratia, bonus, leave wages, gratuity etc.

03. It is agreed between the parties that this settlement terminates the jural relationship of employer and employee between the petitioner management and the respondent workman.

04. It is further agreed by both the parties that the respondent workman shall have no more claims whatsoever against the petitioner management, either monetary or otherwise in respect of his employment or non- employment.

05. It is further agreed by both the parties that in view of this settlement, the respondent workman shall not be entitled to reinstatement, reemployment or fresh employment in the petitioner or any of its sister concerns.

06. The respondent workman humbly prays that this Hon'ble Court may be pleased to permit the respondent to spread the amount of Rs. 750000/- (Rupees Seven lakhs and fifty thousand only) paid towards ex-gratia, leave wages and bonus as mentioned in Clause 1 above from 06.10.2000 till 31.06.2017 to enable the respondent to take the benefit of relief under Section 89 of the Income Tax Act and/or any other provision of the Income Tax Act, 1961 as per the judgment of the Hon'ble Supreme Court in the case of Sundaram Motors Vs. Ameerjan reported sin 1984 (2) LLJ 22 or =1985 I SCC 118.

07. Both the parties humbly pray that this Hon'ble Court may be pleased to substitute this joint memo in place of the Award dated 15.11.2012 in I.D.No.126/2000 passed by the First Additional Labour Court, Bengaluru at Annexure 'C' and dispose of the above writ 5 petition in terms of this joint memo, in the interest of justice.

Signed by both the parties on this 12th day of July 2017 at Bengaluru.

               Sd/-                          Sd/-
      [SHRINIVAS KULKARNI]        [HANUMANTHARAYAPPA T.]
     PETITIONER MANAGEMENT           RESPONDENT WORKMAN
              Sd/-                           Sd/-
          [SOMASHEKAR]                [RAMESH KUMAR M.C.]
          ADVOCATE FOR               for [C.N.KRISHNA REDDY]
     PETITIONER MANAGEMENT               ADVOCATE FOR
                                     RESPONDENT WORKMAN."

2. The respondent-workman, who is present before the Court acknowledges receipt of the said amount. The 'joint memo' is placed on record.

3. In view of the above, the writ petition is disposed of in terms of the joint memo. Accordingly, it is ordered that the impugned Award dated 15.11.2012 passed by the Presiding Officer, I Additional Labour Court, Bengaluru in I.D. No. 126/2000 shall stand modified, in terms of the 'joint memo'.

Sd/-

JUDGE VR

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