Karnataka High Court
The Commissioner vs Rahim Abdulrahim S/O Khawjasab ... on 11 February, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
NC: 2025:KHC-K:972-DB
WA No. 200303 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT APPEAL NO.200303 OF 2024 (L-ID)
BETWEEN:
THE COMMISSIONER
CITY CORPORATION,
VIJAYAPUR - 586101.
...APPELLANT
(BY SRI AMRESH S. ROJA, ADVOCATE)
AND:
1. RAHIM ABDULRAHIM S/O KHAWJASAB
@KHAJASAHEB TAJIMTARK
AGE: 66 YEARS, OCC: RETIRED EMPLOYEE,
R/O ASAR MAHAL, J.M. ROAD,
Digitally signed
by RAMESH VIJAYAPURA-584101.
MATHAPATI
Location: HIGH
COURT OF
KARNATAKA
2. MALLIKARJUN @ MALAKARISIDDA
S/O PARAMANAND @ PARAMANNA CHADCHAN,
AGE: 70 YEARS, OCC: RETIRED EMPLOYEE,
R/O ARAKERI,
TQ. AND DIST. VIJAYAPUR-584101.
3. ANAND
S/O BASAAVARAJ KANTAPPAGOL @ BIRADAR,
AGE: 43 YEARS, OCC: PRIVATE SERVICE,
R/O NEAR SRI RAGHAVENDRA SWAMY TEMPLE,
VIVITAGERI GALLI,
VIJAYAPUR - 586101.
-2-
NC: 2025:KHC-K:972-DB
WA No. 200303 of 2024
4. SOUBHAGYAVATI W/O AMAGONDA TENANGI,
D/O BASAVARAJ KANTAPPAGOL @ BIRADAR,
AGE: 49 YEARS, OCC: HOUSEHOLD WORK,
R/O SHASTRI NAGAR,
ATHANI ROAD,
VIJAYAPUR - 586101.
5. JAYASHREE W/O BASAVARAJ KARIKOLLA,
D/O BASAVARAJ KANTAPPAGOL @ BIRADAR,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O SHAHU NAGAR, VIJAYAPUR - 586101.
6. RAJASHRI W/O YALLAPPA BIRADAR,
D/O BASAVARAJ KANTAPPAGOL @ BIRADAR,
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O MALAKANADEVARHATTI,
TQ. TIKOTA, DIST. VIJAYAPUR - 586101.
7. ASHOK S/O DUNDAPPA JADAV,
AGE: 61 YEARS, OCC: SERVICE,
R/O WARD NO.1, BASAVESHWAR COLONY,
GYANGBAWDI, VIJAYAPURA - 586101.
8. PRAKASH S/O SHANKAR SHINDE,
AGE: 64 YEARS, OCC: RETIRED EMPLOYEE,
R/O KUMBAR ONI, SOLAPUR ROAD,
VIJAYAPURA - 586101.
9. VISHNU S/O GYANAPPA HUNDEKAR,
AGE: 65 YEARS, OCC: RETIRED EMPLOYEE,
R/O WARD NO.2, DARGA JAIL ROAD,
VIJAYAPUR- 586101.
10. NINGAPPA
S/O HANAMANT BESANAKKI @ BASANAKKI,
AGE: 66 YEARS, OCC: RETIRED EMPLOYEE,
R/O BHUTANAL L.T.,
TQ. AND DIST. VIJAYAPUR - 586101.
11. MARAVVA S/O BHEEMAPPA CHALWADI
W/O BHEEMAPPA HATTALLI,
AGE: 67 YEARS. OCC: RETIRED EMPLOYEE,
-3-
NC: 2025:KHC-K:972-DB
WA No. 200303 of 2024
R/O NANI RANI BHAGICHA,
WARD NO. 14, STATION ROAD,
VIJAYAPURA - 586101.
12. JATTEPPA S/O MUDAGOUDAPPA
@ MUDIGOUDAPPA WALIKAR @ VALIKAR,
AGE: 66 YEARS, OCC: RETIRED EMPLOYEE,
R/O KADANI, TQ. SINDAGI,
DIST. VIJAYAPUR - 586101.
13. KEDARI S/O APPA JADHAV,
AGE: 66 YEARS,
OCC: RETIRED EMPLOYEE,
R/O ARAKERI,
TQ. AND DIST. VIJAYAPUR - 586101.
14. HANUMANTH S/O SIDDAPPA
@ SIDARAYA NAIKODI,
AGE: 61 YEARS, OCC: SERVICE,
R/O ARAKERI, TQ. AND
DIST. VIJAYAPURA - 586101.
15. MAMTAJ W/O ALLABAKSHA ALMEL,
AGE: 58 YEARS, OCC: HOUSEHOLD WORK,
R/O NEAR KHWAJAMEEN DARGA,
BENKI DODDI, VIJAYAPUR - 586101.
16. MOHSIN KHAN S/O ALLABAKSH ALMEL,
AGE: 36 YEARS, OCC: PRIVATE SERVICE,
R/O NEAR KHWAJAMEEN DARGA,
BENKI DODDI, VIJAYAPUR 86101.
17. MINAJ W/O KOUSAR ATTAR,
D/O ALLABAKSH ALMEL,
AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
R/O NEAR KHWAJAMEEN DARGA,
BENKI DODDI, VIJAYAPUR - 586101.
18. ALFIYA W/O IMTIYAZ TAMBOLI,
D/O ALLABAKSH ALMEL,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O NEAR KHWAJAMEEN DARGA,
-4-
NC: 2025:KHC-K:972-DB
WA No. 200303 of 2024
BENKI DODDI, VIJAYAPUR - 586101.
19. MUDUKAPPA S/O BASAPPA AMBIGER,
AGE: 60 YEARS, OCC: NIL,
R/O WARD NO.4, BHUTNAL L.T.,
VIJAYAPUR - 586101.
...RESPONDENTS
(BY SRI P. VILAS KUMAR, SR. ADVOCATE FOR
SRI NITESH PADIYAL, ADVOCATE FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER PASSED IN WRIT PETITION NO. 202284/2021 DATED
09.09.2024, AND THEREBY ALLOW THE WRIT PETITION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.SUNIL DUTT YADAV) The present appeal is filed by the Commissioner, City Corporation, Vijayapura calling in question the correctness of the order passed by the learned Single Judge in W.P.No.202284/2021 dated 09.09.2024 whereby the petition filed by the appellant seeking to set aside the order of settlement entered into in relation to the proceedings under Section 33-C(2) of the Industrial -5- NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 Disputes Act, 1947 (for short, 'ID Act') came to be rejected.
2. For the purpose of convenience, the appellant- Commissioner, City Corporation, Vijayapura is referred as 'Employer' and private respondents as 'Workmen'.
3. The facts leading to present round of litigation are that the workmen had joined the services of the employer as Watermen in the year 1985 and their services have been extended with benefit of Time Scales. It is asserted that the services of the workmen were orally terminated on 20.01.1986. In connection with such oral order of termination, the disputes were raised and reference is made to the Labour Court for their retrenchment in KID No.196/1993 and connected matters. Initially the Labour Court at Hubli had awarded reinstatement of workmen into service with full backwages, continuity of service and all other consequential benefits. The said order came to be challenged by way of Writ Petition No.33816/1995 by the -6- NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 employer and the said Writ Petition, however, came to be rejected confirming the order of the Labour Court passed in KID No.196/1993 and connected matters.
4. The said order of the learned Single Judge was taken up before the Division Bench in W.A.No.8105/1999 and the matter was remanded to the Labour Court for fresh disposal. After remand, the Labour Court once again allowed the claim petition in respect of 17 workmen and set aside the order of dismissal and ordered for reinstatement with full backwages. It is stated that in order to implement the award of the Labour Court that had attained finality, the workmen initiated proceedings in Criminal Miscellaneous Petition No.19/2006 and connected matters seeking for backwages and prospective wages. The said Criminal Miscellaneous Petitions were filed under the provisions of Payment of Wages Act, 1936 (for short, 'the Act'). Copy of the applications filed under Section 15(2) of the Payment of Wages Act has been produced -7- NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 along with a memo and the prayers in the said applications are as follows:
In Crl.Misc.Nos.35/2006, 20/2006, 25/2006, 30/2006, 19/2006, 32/2006, 34/2006, 33/2006, 31/2006 The petitioner prays that a direction may be issued under Sub-section 3 of Section 15 for:
a) Refund of the amount of Rs.7,22,338/- illegally deducted.
b) Awarding of compensation not exceeding 10 times the claim.
c) Awarding of 18% interest per annum throughout from the due date till the date of realization with costs.
d) Allowing of amendments as and when felt necessary and fair.
e) Awarding of such other reliefs to which the petitioner is entitled to from the facts and circumstances of the case.
In Crl.Misc.Nos.29/2006, 28/2006, 26/2006 The petitioner prays that a direction may be issued under Sub-section 3 of Section 15 for:
a) Refund of the amount of Rs.7,20,200/- illegally deducted.
b) Awarding of compensation not exceeding 10 times the claim.
c) Awarding of 18% interest per annum throughout from the due date till the date of realization with costs.-8-
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024
d) Allowing of amendments as and when felt necessary and fair.
e) Awarding of such other reliefs to which the petitioner is entitled to from the facts and circumstances of the case.
In Crl.Misc.No.24/2006 The petitioner prays that a direction may be issued under Sub-section 3 of Section 15 for:
a) Refund of the amount of Rs.9,35,666/- illegally deducted.
b) Awarding of compensation not exceeding 10 times the claim.
c) Awarding of 18% interest per annum throughout from the due date till the date of realization with costs.
d) Allowing of amendments as and when felt necessary and fair.
e) Awarding of such other reliefs to which the petitioner is entitled to from the facts and circumstances of the case.
5. In the interregnum, the Corporation being aggrieved by the order of the Labour Court filed W.P.No.18652/2006 challenging the award of the Labour Court passed consequent to remand, the same came to be dismissed. Subsequently, Writ Appeal No.10072/2010 was also filed which also came to be rejected. It is the -9- NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 assertion of the workmen that in the interregnum, Criminal Miscellaneous Petitions filed under Section 15(2) of the Payment of Wages Act also came to be allowed by order dated 15.07.2010. However, there was no satisfaction of the order passed in the said Criminal Miscellaneous Petitions and therefore, Criminal Miscellaneous Petition No.6/2011 and connected matters came to be filed.
6. The proceedings in Criminal Miscellaneous Petition No.6/2011 and connected matters was in the nature of execution in order to give effect to the orders passed in Criminal Miscellaneous Petition No.19/2006 and connected matters. It is submitted that during the pendency of the Criminal Miscellaneous Petition No.6/2011 and connected matters, garnishee orders were passed and against such proceedings, the Corporation had once again approached the writ Court and all such petitions filed by the Corporation came to be rejected. In the interregnum, the proceedings in Criminal Miscellaneous Petition
- 10 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 No.6/2011 and connected matters progressed and in such proceedings, a joint memo came to be filed by both the parties in which settlement was arrived at. By virtue of the settlement in the Criminal Miscellaneous Petitions filed, approximately an amount of about Rs.15.00 lakhs was paid to each of the workmen. The said settlements were arrived on 31.01.2019.
7. It is stated that about 18 months later, the workmen initiated proceedings under Section 33-C(2) of the ID Act claiming wages with effect from 01.05.2006 till the date of retirement, death or reinstatement. The details of the claims are as follows:
Sl.No: as Name of KID No: Crl.Misc.No: CRl.Misc. referred the Period Recovery Pet.No:
in Claimant claimed present WA. R-1. Rahim @ KID No: Crl.Misc.No: Crl.Misc.No: Abdulrahim 24/2004 35/2006 19/2011 Tajimtark 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.35/2006 R-2. Malliakrjun KID No: Crl.Misc.No: Crl.Misc.No: - 11 - NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 P.Chadchan 33/2004 29/2006 31/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.29/2006 R-3 Basavaraj @ KID No: Crl.Misc.No: Crl.Misc.No: to R-6 Basappa 20/2004 24/2006 15/2011 Kantappagol 20.01.1988 to Recovery of by LR's 30.04.2006 amount awarded in Anand Crl.Misc.24/2006 Kantappagol Smt.Soubha gyavati Tenangi Smt.Jayashr ee Karikola Smt.Rajashri Biradar R-7 Ashok KID No: Crl.Misc.No: Crl.Misc.No: Dundappa 23/2004 20/2006 25/2011 Jadhav 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.20/2006 R-8 Prakash KID No: Crl.Misc.No: Crl.Misc.No: Shindhe 29/2004 25/2006 06/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.25/2006 R-9 Vishnu KID No: Crl.Misc.No: Crl.Misc.No: Hundekar 30/2004 30/2006 14/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.30/2006 R-10 Ningappa KID No: Crl.Misc.No: Crl.Misc.No: Besanakki 33/2004 28/2006 16/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in - 12 - NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 Crl.Misc.28/2006 R-11 Marevva KID No: Crl.Misc.No: Crl.Misc.No: Chalwadi 34/2004 19/2006 27/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.19/2006 R-12 Jatteppa KID No: Crl.Misc.No: Crl.Misc.No: Walikar 27/2004 32/2006 19/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.32/2006 R-13 Kedari Appa KID.No: Crl.Misc.No: Crl.Misc.No: Jadhav 26/2004 34/2006 22/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.34/2006 R-14 Hanumanth KID.No: Crl.Misc.No: Crl.Misc.No: Nayakodi 31/2004 33/2006 26/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.33/2006 R-15 Allbax Almel KID No: Crl.Misc.No: Crl.Misc.No: to by LR's 21/2004 31/2006 23/2011 R-18 Mamtaj 20.01.1988 to Recovery of Almel 30.04.2006 amount awarded in Mohsinkhan Crl.Misc.31/2006 Almel Minaj Attar Alifiya Tamboli R-19 Mudakappa KID.No: Crl.Misc.No: Crl.Misc.No: Ambiger 33/2004 26/2006 42/2011 20.01.1988 to Recovery of 30.04.2006 amount awarded in Crl.Misc.26/2006 - 13 - NC: 2025:KHC-K:972-DB WA No. 200303 of 2024
8. It is the case of the Corporation that second round of proceedings under Section 33-C(2) of the ID Act was not tenable as settlement was arrived at before the Lok Adalath insofar as proceedings in Criminal Miscellaneous Petition No.6/2011 and connected matters and accordingly, the second round of proceedings by initiation of proceedings under Section 33-C(2) of the ID Act for the claim after first settlement arrived at is untenable. Further, during the proceedings under Section 33-C(2) of the ID Act, settlement was once again arrived at between the Corporation and the Workmen and such validity of settlement came to be assailed in the writ proceedings in W.P.No.202284/2021.
9. Learned Single Judge by a detailed consideration has rejected the contentions of the Corporation. It was observed that the joint memo filed was clear and settlement was limited to the proceedings initiated under the Payment of Wages Act alone. Learned Single Judge has further observed that the second round
- 14 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 of claims under Section 33-C(2) of the I.D. Act related to a subsequent period and was not barred. It was also observed that the quantification of claim under the Payment of Wages Act which was settled, could not extinguish the entirety of claims by the workmen and accordingly, the contention that the settlement was arrived at the first instance between the workmen and the Corporation as regards all claims was expressly rejected. The learned Single Judge has also observed that the settlement in 2019 was in respect of claim of backwages till the year 2006, whereas the second round of proceedings under Section 33-C(2) of the ID Act was with respect to amount due after 01.05.2006 and both claims being separate and distinct, the argument of the Corporation could not be accepted and accordingly, the Writ Petition was rejected.
10. Learned counsel Sri.Amresh S. Roja, appearing for the Corporation has contended that the settlement arrived at the first instance in Criminal Miscellaneous
- 15 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 Petition No.6/2011 and connected matters before the Lok Adalath was a settlement in entirety as regards all claims arising out of the award of the Labour Court in KID No.30/2004 and connected matters.
11. It is submitted that the workmen ought to have initiated proceedings only under Section 33-C(2) of the ID Act and the choice of proceedings under Section 15(2) of the Payment of Wages Act was inappropriate. It is also submitted that second settlement arrived at in the course of proceedings under Section 33-C(2) of the ID Act in the year 2020-21 was by the workmen in collusion with its employees and accordingly, the settlement is not binding on the Corporation.
12. It may not be necessary to reiterate the submissions made by the learned Senior Counsel for the workmen as the discussion below would deal with the contentions raised by the Corporation and refer to the contentions of the workmen as well.
- 16 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024
13. It is to be noticed that the order passed in KID No.19/2004 and connected matters has attained finality. The operative portion of the said award reads as follows:
"These claim statements in KID - 25 & 28 of 2004 are hereby dismissed with no order as to costs.
The claim statements in KID Nos.19; 32; 23; 20; 34; 29; 30; 21; 27; 31; 26; 24; 22 & 33 of 2004 are hereby allowed with costs.
The claimants in KID Nos.23; 20; 29; 30; 21; 27; 31; 26; 24; & 33 of 2004 are ordered to be reinstated with full back wages from 1-1-1986 to till their date of reinstatement. All there claimants would be restored to same status as on the date of their termination.
Further these awards will not preclude the respondent Municipality from taking action in accordance with Sec.25 of the Act.
The claimant in KID-22/2004 is entitled to back wages from 1-1-1986 till date of retirement with coasts.
The legal heirs of the claimants in KID No.19/2004 & KID-32/2004 are entitled to full back wages from 1-1-1986 till date of death..
Keep the original award in KID-19/2004 and the Xerox copies thereof shall be kept in the connected matters."
14. It is clear that in terms of the order extracted above, the workmen were to be reinstated to the same
- 17 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 status as on the date of termination and that they were entitled for full backwages from 01.01.1986 till their date of reinstatement. It is to be noticed that the proceedings for execution of the order passed, under Section 15(2) of the Payment of Wages Act was sought to be enforced by way of proceedings in Criminal Miscellaneous Petition No.6/2011 and connected matters. During the pendency of such proceedings, the joint memo came to be filed. The joint memo reads as follows:
"Herein, the Advocate for the Petitioner and Respondent No.1, most respectfully begs to submit as under:
That, the top noted case has been filed by the Petitioner seeking recovery of wages awarded in Crl.Misc.No.25/2006, by the Hon'ble Prl.Sr.Civil Judge and CJM Vijayapur, vide its order dated
15.07.2010. In which the wages of the Petitioner had been claimed w.e.f. October-1988 to April- 2006. Now as per the compromise talks taken place on 10.01.2019 before this Hon'ble Court, the Respondent No.1, is praying a sum of Rs.15,00,000/, through Cheque bearing No.813122, dated 30.01.2019, of UCO Bank
- 18 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 Vijayapur. The said amount is being paid towards full and final settlement of amount awarded in respect of Crl.Misc.No.25/2006, only. Hence inview of the above said payment, the present petition may be disposed off as Compromised."
15. It is to be noticed that clear wordings of the joint memo would indicate, "The said amount is being paid towards full and final settlement of amount awarded in respect of Crl.Misc.25/2006 only. Hence, in view of the above said payment, the present petition may be disposed off as compromised". Similar identical wordings are found in all of the joint memos. If that were to be so, the contention of the learned counsel for the Corporation that the settlement relates to the entirety of the claim under KID No.19/2004 and connected matters cannot be accepted and the compromise must be accepted strictly in terms of the joint memo.
16. It is to be noticed that if it were the contention of the Corporation that the entirety of the claim was
- 19 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 settled in Criminal Miscellaneous No. 6/2011 and connected matters, the question of the Corporation entering into another settlement in the proceedings under Section 33-C(2) of the ID Act would not have arisen. The fact that the Corporation has entered into second settlement has the effect of waiver of all of its objections on the ground that the first settlement was a settlement with regard to the entirety of claim in KID No.30/2004 and connected matters.
17. The learned Single Judge has dealt with all aspects of the matter in detail. The relevant observations of the learned Single Judge addressing the very same contention raised herein by the employer are as below:
"34. It is to be stated here that the workmen were entitled for not only reinstatement, but also backwages from 01.01.1986 till the date of reinstatement or death or retirement of workmen. In a proceeding which related to the claims for backwages that had been initiated under the Payment of Wages Act, the Corporation is now trying to contend that merely satisfying the sums
- 20 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 payable under the award of reinstatement and full backwages, their liability stands extinguished. If this argument of the Corporation is to be accepted, it would tantamount to modifying the award of the Labour Court to one of just payment of backwages till the date of application filed under the Payment of Wages Act. This is obviously impermissible as an award of reinstatement with full backwages, which is specified to be paid till the date of reinstatement or retirement or death, would necessarily mean that the Corporation would have to pay the entire backwages that fall due till the workmen was either reinstated or died or retired.
35. It is for this reason that the workmen initiated the second round of proceedings under Section 33(c)(2) of the ID Act claiming wages payable pursuant to the periods specified in their earlier proceedings i.e., from 01.05.2006. In these proceedings, the Corporation entered into a settlement agreeing to pay the sums for the period subsequent to 01.05.2006. Hence, the Corporation cannot now be permitted to contend that they are not liable to pay any sums and all the claims were settled in the year 2019 itself.
36.xxxxx
- 21 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024
37. I am therefore of the view that the Corporation having entered into settlement in the second round of proceedings, which was for the dues which became due subsequent to 01.05.2006, cannot be permitted to escape its liability by contending that there was an earlier settlement in the year 2019.
38. To reiterate, the earlier settlement of the year 2019 was in respect of claim of backwages till the year 2006, whereas the second round of proceedings under Section 33(c)(2) of the ID Act was in respect of amounts due to the workmen after 01.05.2006. Both these claims being separate and distinct, the argument of the Corporation that they were due or hoodwinked by the workmen cannot be accepted. I, therefore, find no reason to entertain this writ petition and the same is accordingly dismissed."
18. The findings of the learned Single Judge cannot be faulted and is an answer to all of the contentions of the employer. We are in full agreement with such findings. The order of the learned Single Judge does not call for any interference. Accordingly, the order of the learned Single Judge stands confirmed.
- 22 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024
19. The employer is directed to pay the sums agreed under the joint memo filed under the proceedings initiated under Section 33-C(2) of the I.D. Act as regards each of the workman. The details of the claims as regards each of the workman as per Annexures-N13 to N24 and the details of names of Claimants, KID Number and the period claimed are extracted below for reference:
"Annexure - N13 (Ashok S/o. Dundappa Jadhav) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:-
1. That, the top noted case is filed by the Applicant, seeking arrears and as well as difference of wages due to him, to the tune Rs.17,31,623/-, with interest @ 18% Per annum from the date of disposal W.A.100072/2014 i,e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.17,31,623/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of settlement.
(i,e., 08.02.2021).
Similarly it is agreed by the Applicant that, the amount so paid will be in full and final
- 23 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 settlement of claim amount involved in this Applicant i.e.,8/2020.
Wherefore both the parties pray, this Hon'ble court to pass an award /order as per the terms of this joint memo.
Annexure - N14 (Prakash S/o. Shankar Shindhe) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:-
1. That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f.June-
2006 to 31.12.2019, i,e till himself attaining the age of superannuation, to the tune of Rs.22,69,532/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e., Rs.22,69,532/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that the above said sum with interest shall be deposited, within nine months from the date of this settlement. (i,e 08.02.2021)
3. Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i,e 09/2020.
Wherefore both the parties pray, this Hon'ble court to pass an award /order as per the terms of this joint memo.
- 24 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 Annexure - N15 (Vishnu S/o. Gyanappa Hundekar) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:
1. That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f June-
2006 to 31.01.2019, i.e., till himself attaining the age of superannuation, to the tune of Rs.20,34,263/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i.e, Rs.20,34,263/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021,instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that the above said sum with interest shall be deposited, within nine months from the date of this settlement.(i.e., 08.02.2021)
3. Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i,e 10/2020.
Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.
Annexure - N16 (Ningappa S/o. Hanumant Besanakki) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:-
- 25 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024
1. That, the top noted case is filed by the Applicant, seeking arrears and as well as difference of wages due to him, to the tune of Rs.15,56,913/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i.e., Rs.15,56,913/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc.
applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement. (i.e., 08.02.2021).
3. Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i.e., 11/2020.
Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.
Annexure - N17 (Marevva D/o. Bheemappa Chalwadi) JOINT MEMO Herein the shove named Applicant and Respondent most respectfully submits as under:-
1. That, the top noted case is filed by the Applicant, seeking arrears and as well as difference of wages due to her, to the tune of Rs.14,27,553/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i,e 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City Corporation Vijayapur, has agreed to pay the said
- 26 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 amount i,e Rs.14,27,553/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc, applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement.(i.e., 08.02.2021). Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application 12/2020. Wherefore both the parties pray this Hon'ble court to pass an award /orders as per the terms of this joint memo.
Annexure - N18 (Jatteppa S/o.
Mudagoudappa)
JOINT MEMO
Herein the above named Applicant and Respondent most respectfully submits as under
1. That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f. June-
2006 to 31.01.2018, i,e till himself attaining the age of superannuation, to the tune of Rs.17,81,727/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e. 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i.e Rs.17,81,727/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited,
- 27 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 within nine months from the date of this settlement. (i,e 08.02.2021)
3. Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application i.e.,13/2020.
Wherefore both the parties pray this Hon'ble court to pass an award /orders as per the terms of this joint memo.
Annexure - N19 (Kedari Appa Jadhav) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:-
1. That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f. June-
2006 to 31.07.2018, i,e till himself attaining the age of superannuation, to the tune of Rs.15,96,349/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i.e., Rs.15,96,349/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement (i.e 08.02.2021)
3. Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i.e.,14/2020.
- 28 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.
Annexure - N20 (Mallikarjun @ Malakarisidda S/o. Pramananad) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:-
1. That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f.June-
2006 to 31.05.2014, i,e till himself attaining the age of superannuation, to the tune of Rs.9,82,952/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e 14.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.9,82,952/- with interest @ 9% p.a. from 14.11.2014 to 14.12.2020, instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the respondent No.1, that the above said sum with interest shall be deposited, within three months form the date of this settlement.
Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application 15/2020. Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.
Annexure - N21 (Basavaraj Kantappagol by Lrs Anand and others)
- 29 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 JOINT MEMO Herein the above named Applicants and Respondent most respectfully submits as under:-
1. That, the top noted case is filed by the Applicants, seeking arrears of wages due to their father Sri. Basavaraj Kantappagol, w.e.f June-2006 to 31.05.2011, i.e., till himself attaining the age of superannuation, to the tune of Rs.6,66,874/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i,e 14.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.6,66,874/- with interest @ 9% p.a. from 14.11.2014 to 14.12.2020, instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest, shall be deposited, within three months from the date of this settlement.
Similarly it is agreed by the Applicants that, the amount so paid will be in full and final settlement of claim amount involved in this Application i.e., 16/2020.
Wherefore both the parties pray this Hon'ble court to pass an award / order as per the terms of this joint memo.
Annexure - N22 (Rahim @ Abdulrahim S/o. Khawjasab) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:-
- 30 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024
1. That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, w.e.f.June-
2006 to 31.05.2014, i,e till himself attaining the age of superannuation, to the tune of Rs.9,82,952/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 14.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.9,82,952/- with interest @ 9% p.a. from 14.11.2014 to 14.12.2020, instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within three months from the date of this settlement.
Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i.e., 17/2020.
Wherefore both the parties pray this Hon'ble court to pass an award as per the terms of this joint memo.
Annexure - N23 (Hanamanth S/o. Siddappa) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:-
1. That, the top noted case is filed by the Applicant, seeking arrears and as well as difference of wages due to him, to the tune of Rs.17,31,623/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i.e., 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City
- 31 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 corporation Vijayapur, has agreed to pay the said amount i,e Rs.17,31,623/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement. (i,e 08.02.2021).
3. Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application 18/ 2020. Wherefore both the parties pray this Hon'ble court to pass an award / order as per the terms of this joint memo.
Annexure - N24 (Allabaksh Almel, By Lrs Mamtaj and other) JOINT MEMO Herein the above named Applicants and Respondent No.1, most respectfully submits as under:-
1. That, the top noted case is filed by the Applicants, seeking arrears of wages due to Sri.Allbaksh H. Almel, w.e.f June-2006 to 26.03.2020, i,e till his death, to the tune of Rs.23,29,625/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i,e 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.23,29,625/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021 instead of 18% as awarded in earlier Criminal Misc.
applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited,
- 32 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 within nine months from the date of this settlement.
3. Similarly it is agreed by the Applicants that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i,e 19/2020.
Wherefore both the parties pray this Hon'ble court to pass an award /order as per the terms of this joint memo.
Annexure - N25 (Mudakappa S/o. Basappa Ambiger) JOINT MEMO Herein the above named Applicant and Respondent most respectfully submits as under:-
1. That, the top noted case is filed by the Applicant, seeking arrears of wages due to him, to the tune of Rs.24,02,618/-, with interest @ 18% Per annum from the date of disposal of W.A.100072/2014 i,e 24.11.2014, to till its realization. Now after due negotiations between the parties, the Respondent No.1/City corporation Vijayapur, has agreed to pay the said amount i,e Rs.24,02,618/- with interest @ 9% p.a. from 24.11.2014 to 08.02.2021, instead of 18% as awarded in earlier Criminal Misc. applications.
2. It is agreed by the Respondent No.1, that, the above said sum with interest shall be deposited, within nine months from the date of this settlement. (i.e., 08.02.2021).
3. Similarly it is agreed by the Applicant that, the amount so paid will be in full and final settlement of claim amount involved in this Application, i,e 20/2020.
- 33 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024 Wherefore both the parties pray this Hon'ble Court to pass an award / orders as per the terms of this joint memo."
Sl. No. as Name of the KID No. Application under 33-
referred
in present
claimant C-2 period claimed
WA
R-1 Rahim @ KID Appln. No.17/2020
Abdulrahim No.24/2004 01.06.2006 to
31.05.2014 till
S/o. Khawjasab
attaining the age of
superannuation (was
not reinstated into
service)
R-2 Mallikarjun KID Appln. No.15/2020
No.33/2004 01.06.2006 to
S/o. Chadchan
31.05.2014 till
attaining the age of
superannuation (was
not reinstated into
service)
R-3 to Basavaraj @ KID Appln. No.16/2020
R-6 Basappa No.20/2004 01.06.2006 to
Kantappagol 31.05.2011 till
By LRs attaining the age of
Anand superannuation (was
Kantappagol not reinstated into
Smt. Soubhagya service)
Ati
Smt. Jayashree
Smt. Rajashri
R-7 Ashok KID No. Appln. No.08/2020
23/2004 prospective wages
S/o. Dundappa
w.e.f. 01.06.2006 to
Jadhav
31.07.2015 and
difference of wages
w.e.f. 01.08.2015 to
- 34 -
NC: 2025:KHC-K:972-DB
WA No. 200303 of 2024
31.05.2017 was
claimed i.e. till
attaining the age of
superannuation (Since
he was reinstated wef
01.08.2015)
R-8 Prakash KID No. Appln. No.09/2020
29/2004 01.06.2006 to
S/o. Shankar
31.12.2019 till
Shindhe
attaining the age of
superannuation (he
was not reinstated into
service till his age of
attaining
superannuation)
R-9 Vishnu KID No. Appln. No.10/2020
30/2004 01.06.2006 to
S/o. Gyanappa
31.12.2019 till
Hundekar
attaining the age of
superannuation (He
was not reinstated into
service till his age of
attaining
superannuation)
R-10 Ningappa S/o. KID No. Appln. No.11/2020
Hanamant 33/2004
Prospective wages
Besanakki
w.e.f.01.06.2006 to
31.07.2015 and
difference of wages
w.e.f.01.08.2015 to
31.03.2018 was
claimed, i.e., till
attaining the age of
superannuation (since
he was reinstated wef
01.08.2015)
R-11 Maravvva D/o. KID Appln. No.12/2020
Bheemappa prospective wages
- 35 -
NC: 2025:KHC-K:972-DB
WA No. 200303 of 2024
Chalwadi No.34/2004 w.e.f. 01.06.2006 to
31.07.2015 and
difference of wages
w.e.f. 01.08.2015 to
31.05.2017 was
claimed i.e., till
attaining the age of
superannuation (since
she was reinstated wef
01.08.2015)
R-12 Jatteppa S/o. KID No. Appln. No.13/2020
Mudagoudappa 27/2004 01.06.2006 to
Walikar 31.01.2018 till
attaining the age of
superannuation (He
was not reinstated into
service till attaining
the age of
superannuation)
R-13 Kedari S/o. Appa KID No. Appln. No.14/2020
Jadhav 26/2004 prospective wages
w.e.f. 01.06.2006 to
31.07.2015 and
difference of wages
w.e.f. 01.08.2015 to
31.07.2018 was
claimed i.e., till
attaining the age of
superannuation (since
he was reinstated wef
01.08.2015)
Hanumanth S/o. KID No. Appln. No.18/2020
R-14 Siddappa 31/2004 prospective wages
Naikodi w.e.f. 01.06.2006 to
31.07.2015 and
difference of wages
w.e.f. 01.08.2015 to
31.01.2018 was
- 36 -
NC: 2025:KHC-K:972-DB
WA No. 200303 of 2024
claimed i.e., till
attaining the age of
superannuation (since
he was reinstated wef
01.08.2015)
R-15 to Allabaksh Almel KID No. Appln. No.19/2020
R-18 By LR's 21/2004 01.06.2006 to
26.03.2020 till
Mamtaj
attaining the age of
Mohsinkhan
superannuation (He
Minaj
was not reinstated into
Alifiya service till attaining
the age of
superannuation)
R-19 Mudakappa S/o. KID No. Appln. No.20/2020
Basappa 33/2004 01.06.2006 to
Ambiger 30.06.2020 till
attaining the age of
superannuation (He
was not reinstated into
service till attaining
the age of
superannuation)
20. Cost imposed by the learned Single Judge is however waived with the hope that the Corporation will not drive the litigants who have been litigating since 1987 any further. Needless to state that there has to be compliance of liability to clear the dues within a period of 3 months from the date of receipt of certified copy of this order.
- 37 -
NC: 2025:KHC-K:972-DB WA No. 200303 of 2024
21. Accordingly, the appeal is disposed off.
Sd/-
(S.SUNIL DUTT YADAV) JUDGE Sd/-
(RAJESH RAI K) JUDGE VNR,VP List No.: 1 Sl No.: 31 CT: PS