M/S Karnataka Bank Limited vs Sri B N Ashwathanarayana on 21 July, 2022

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Karnataka High Court

M/S Karnataka Bank Limited vs Sri B N Ashwathanarayana on 21 July, 2022

Bench: P.S. Dinesh Kumar

                            1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF JULY, 2022

                        PRESENT

   THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                            AND

        THE HON'BLE MR. JUSTICE C.M. POONACHA

       WRIT PETITION NO.1162 OF 2020 (L-TER)

BETWEEN:

       M/s KARNATAKA BANK LIMITED
       P B NO.599, MAHAVEERA CIRCLE
       KANKANADY
       MANGALURU-575 002
       REPRESENTED BY ITS
       CHIEF MANAGER-HR AND IR
       SRI KRISHNAMURTHY P S
                                        ... PETITIONER
       (BY SRI SOMASHEKAR, ADVOCATE)

AND:

       SRI B N ASHWATHANARAYANA
       S/O LATE SRI NARASIMHAIAH
       AGED ABOUT 60 YEARS
       H NO.17/1, 22ND CROSS
       BHUVANESHWARI NAGARA
       K.P. AGRAHARA
       BENGALURU-500 023
                                       ... RESPONDENT
   (BY SRI S. RAMESH, ADVOCATE)

                           ***
                                   2



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED    AWARD     DATED      9-7-2019  IN   DISPUTE
NO.CR.51/2009 PASSED BY THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BENGALURU, AT
ANNEXURE-H TO THIS WRIT PETITION AND ETC.

     THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, P.S. DINESH KUMAR, J., DELIVERED
THE FOLLOWING:

                             ORDER

Sri M. Vishweshwara., Assistant General Manager-HR & IR of M/s. Karnataka Bank Limited and Sri B.N. Ashwathanarayana, respondent, are present.

They are identified by their respective learned Advocates, Sri Somashekar and Sri S. Ramesh.

2. Parties have filed a joint memo of even date.

Learned counsel on both side submit that the parties have amicably resolved the dispute. Respondent also submits that he has received two Demand Drafts cumulatively for Rs.15,95,342/- and he is satisfied with the terms of compromise.

3. We have perused the joint memo.

4. In our view, the joint memo is just and fair and the same is accepted. The joint memo reads as follows:

JOINT MEMO Whereas the Respondent was dismissed from service by order dated 07.05.2008 and on the dispute raised by the Respondent in CR.No.51/2009, the CGIT, Bengaluru passed an Award dated 09.07.2019 granting reinstatement with 25% back-wages;

And whereas the management has challenged the said Award in the above writ petition and the same is pending;

And whereas, in the meantime, the respondent has attained the age of superannuation of 60 years on 10.05.2020;

And whereas during the pendency of the above writ petition, petitioner and respondent have discussed the matter for an amicable settlement with the assistance of respective Advocates and have settled the matter on the following terms:

TERMS OF SETTLEMENT

1) The petitioner has on this day paid to the respondent a sum of Rs.15,95,342/- as detailed below, towards full and final settlement of all claims of the respondent against Karnataka Bank including 17B wages, staff provident fund, gratuity and ex-gratia.

17B Wages @ Rs.13,000/- per month from 12.09.2019 to 31.05.2020 Rs.1,03,427 Staff provident fund (Rs.10,23,303-Rs.3,78,977 already paid) Rs.6,44,326 Ex-gratia Rs.1,00,000 Total (1) Rs.8,47,753 Gratuity (Rs.946382-Rs.198793 - already paid) Rs.7,47,589 Total (2) Rs.15,95,342

a) Rs.8,47,753 (Rupees eight lakhs forty seven thousand seven hundred and fifty three) is paid in favour of the respondent by Demand Draft No.256714 dated 16-7-2022 drawn on Karnataka Bank, payable at par at all Branches of the Bank.

b) Rs.7,47,589 (Rupees Seven Lakhs Forty Seven Thousand Five Hundred and Eighty Nine only) is paid in favour of the respondent by Demand Draft No.256713 dated 16-7-2022 drawn on Karnataka Bank, payable at par at all Branches of the Bank.

2) The respondent Sri B.N.Ashwathanarayana acknowledges receipt of the amount indicated in clause 1 above towards full and final settlement of all claims against the petitioner bank including 17B wages, staff provident fund, gratuity and ex-gratia.

3) It is agreed between the parties that this settlement terminates the jural relationship of employer and employee between the petitioner and the respondent Sri B.N.Ashwathanarayana.

4) It is further agreed that the respondent Sri B.N.Ashwathanarayana shall have no more claims whatsoever either monetary or otherwise against the petitioner in respect of employment or non-employment.

5) It is specifically agreed between the parties that respondent Sri B.N.Ashwathanarayana has attained superannuation of 60 years on 10.05.2020 and therefore is not entitled to either reinstatement or re-employment or fresh employment in petitioner bank.

6) It is agreed that respondent is not entitled to pension as he had not opted for the same.

7) Both the parties humbly pray that this Hon'ble Court may be pleased to substitute the Award dated 09.07.2019 in CR.No.41/2019 at Annexure 'H' to the writ petition passed by the Central Government Industrial Tribunal-cum Labour Court, Bengaluru in terms of the joint memo, in the interest of justice and equity.

8) SIGNED BY BOTH THE PARTIES ON THIS 21ST DAY OF JULY 2022 at BENGALURU.

            Sd/-                              Sd/-
   (VISHWESHWARA M)                 (B.N.ASHWATHANARAYANA)
   ASSISTANT GENERAL MANAGER             RESPONDENT
   -HR & IR.
   KARNATAKA BANK LIMITED

         Sd/-                               Sd/-
   SOMASHEKAR                          SRI S.RAMESH
   ADVOCATE FOR PETITIONER        ADVOCATE FOR RESPONDENT
   S.N.MURTHY ASSOCIATES


      5.   Accordingly,      this     writ    petition   stands

disposed of in terms of the joint memo.

No Costs.

SD/-

JUDGE SD/-

JUDGE kvk

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