M/S Bill Forge Pvt.Ltd vs Sri Thippeswamy S on 24 February, 2023

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Karnataka High Court

M/S Bill Forge Pvt.Ltd vs Sri Thippeswamy S on 24 February, 2023

Bench: Suraj Govindaraj

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                                              WP No. 53221 of 2018




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 24TH DAY OF FEBRUARY, 2023

                                    BEFORE
                   THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                    WRIT PETITION NO. 53221 OF 2018 (L-TER)


            BETWEEN:

            M/S. BILL FORGE PVT. LTD,
            NO.9-C, BOMMASANDRA INDUSTRIAL AREA,
            HOSUR ROAD, BENGALURU - 560 099.

            REPRESENTED BY ITS
            GENERAL MANAGER-HUMAN RESOURCES,
            SRI. K. CHANDRASHEKAR.
                                                        ...PETITIONER
            (BY SRI. SUMANTH H.V. FOR
                SRI. SANTHOSH NARAYAN .S, ADVOCATES)

            AND:
Digitally
signed by   SRI. THIPPESWAMY S,
POORNIMA
SHIVANNA    S/O. SIDDAPPA,
Location:   AGED ABOUT 34 YEARS,
HIGH        C/O. HAMSA PROVISION STORES,
COURT OF
KARNATAKA   BANAHALLY VILLAGE & POST,
            CHANDRAPUR PO, ANEKAL TALUK,
            BENGALURU RURAL DISTRICT - 568 110.
                                                       ...RESPONDENT
            (BY SRI. K.B NARAYANA SWAMY, ADVOCATE)

                THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
            OF THE CONSTITUION OF INIDA PRAYING TO QUASH THE
            AWARD DATED 06.09.2018 PASSED IN ID 73/2014 BY THE
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                                           WP No. 53221 of 2018




SECOND ADDITIONAL LABOUR COURT,                   BENGALURU         AT
ANNEXURE-U TO THE WRIT PETITION.

     THIS  PETITION    COMING   ON   FOR   REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
                             ORDER

1. A joint memorandum of settlement has been filed, signed by the petitioner and learned counsel for the petitioner, respondent and learned counsel for the respondent.

2. The said memo reads as under:

JOINT MEMORANDUM OF SETTLEMENT SHORT RECITAL OF THE CASE

1. WHEREAS, the petitioner had employed the respondent on probation w.e.f. 1/8/2011. During the period of probation, despite providing extensions, the services of the respondent was found to be not satisfactory. The respondent was hence not made permanent on completion of the period of probation and was relieved from services w.e.f. 31/1/2014.

2. AND whereas, the respondent being aggrieved by the order dated 31/1/2014, challenged the same before the Second Additional Labour Court, Bengaluru in ID No.73/2014. The Hon'ble Labour Court, vide award dated 6/9/2018 allowed the dispute filed by the first party. Being aggrieved by the award dated 6/9/2018, the petitioner preferred this writ petition.

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3. Arguments were addressed in the matter before this Hon'ble court. As the respondent requested for a settlement of the case, discussions were held in this regard. Both parties after series of discussions have arrived at a settlement on the following terms and conditions;

TERMS OF SETTLEMENT

4. The petitioner has on this day paid to the respondent a sum of Rs. 2,50,000/- (Two Lakhs & Fifty Thousand), vide cheque dated 21/02/2023 bearing No.001983 drawn on ICICI Bank, M.G.Road Branch Bengaluru in full and final settlement of all the claims of the respondent, including the claim of the respondent towards reinstatement, back wages from the date of dismissal till date, bonus, leave wages, gratuity, consequential benefits, interests if any and all other monetary benefits.

5. The respondent herein acknowledges receipt of a sum of Rs.2,50,000/- (Two Lakhs & Fifty Thousand) paid by the petitioner, vide cheque dated 21/02/2023 bearing No.001983 drawn on ICICI Bank, M.G.Road Branch Bengaluru in full and final settlement of all the claims of the respondent, including the claim of the respondent towards reinstatement, back wages from the date of dismissal till date, bonus, leave wages, gratuity, consequential benefits, interests if any and all other monetary benefits.

6. In view of this settlement, the respondent agrees that he shall not be entitled to the relief of reinstatement with the petitioner or with either of the group companies of the petitioner.

7. In view of this settlement, the respondent agrees that he shall not be entitled to make any other claim either monetary or otherwise against the petitioner seeking/claiming for any other benefits. The respondent also undertakes not to file any dispute/claim against the petitioner and/or against the group companies of the petitioner seeking for any claims whatsoever.

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8. In view of this settlement, the jural relationship of employer-employee between the petitioner and the respondent ceases to exist.

9. In view of this settlement, the petitioner and the respondent pray this Hon'ble Court to dispose the writ petition No.53221/2018 in terms of this settlement.

This settlement is signed on the 24th February 2023 at Bengaluru.

3. The terms of settlement mentioned in the joint memo are accepted.

4. The award dated 06.09.2018 in ID No.73/2014 passed by second Additional Labour Court, Bengaluru stands modified in terms of the above Joint Memo.

5. Accordingly, the petition stands disposed of in terms of the joint memo.

Sd/-

JUDGE DS List No.: 1 Sl No.: 13

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