Karnataka High Court
Bailhongal Taluk Primary Teachers ... vs The Deputy Registrar Of Co-Operative ... on 13 June, 2017
Author: B. Sreenivase Gowda
Bench: B. Sreenivase Gowda
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF JUNE 2017
BEFORE
THE HON'BLE MR. JUSTICE B. SREENIVASE GOWDA
WRIT PETITION NO.16437/2007(S-DIS)
BETWEEN
BAILHONGAL TALUK PRIMARY TEACHERS
CO-OPERATIVE CREDIT SOCIETY LTD.,
BAILHONGAL, BY ITS SECRETARY/CHAIRMAN
SRI. MADIVALAPPA.
... PETITIONER
(By Sri: R M KULKARNI & SMT HEMALEKHA K.S., ADVS.)
AND
1. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
BELGAUM, BELGAUM DISTRICT.
2. CHANDRAGOUDA SOMANGOUDA PATIL,
EX-SECRETARY,
R/O: CHANNAMMA NAGAR,
II CROSS, BAILHONGAL.
... RESPONDENTS
(By Smt. VEENA HEGDE, AGA FOR R1
Sri. F.V. PATIL, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER ANNEXURE-F DT.1.6.01 AND QUASH ORDER
:2:
ANNEXURE-G DT.9.2.07 IN APPEAL NO.510/01 PASSED BY THE
KARNATAKA APPELLATE TRIBUNAL.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has preferred this writ petition seeking a writ of certiorari to quash the order dated 01.06.2001 passed by the 1st respondent-Deputy Registrar of Co-operative Societies, Belagavi, in Dispute No.DRL/DDS.262/97-98, as per Annexure- 'F' and also to quash the order dated 09.02.2007 passed by the Karnataka Appellate Tribunal in Appeal No.510 of 2001, as per Annexure 'G'.
2. The 2nd respondent aggrieved by the order of dismissal passed by the petitioner-society, dismissing him from the service of the Society challenged the same before the 1st respondent-Deputy Registrar of Co-operative Societies, Belagavi, by raising a dispute under Section 70 of the Karnataka Co- operative Societies Act, hereinafter referred to 'Act' for short. The 1st respondent by award dated 01.06.2001 allowed the dispute :3: and set aside the order of dismissal passed by the petitioner- society and ordered for reinstatement of the 2nd respondent into service with back wages, as per Annexure 'F'. The petitioner- society aggrieved by the award passed by the 1st respondent at Annexure 'F' challenged the same by preferring an appeal before the Karnataka Appellate Tribunal, Bengaluru, in Appeal No.510 of 2001 which was also dismissed by the Tribunal on 09.02.2007 as per Annexure 'G'. The petitioner-Society aggrieved by the award passed by the 1st respondent at Annexure 'F' and it's confirmation order passed by the Tribunal, at Annexure 'G' has challenged the same by preferring the above writ petition.
3. During the pendency of the writ petition, the petitioner-society and the second respondent got the matter settled amicably by filing a compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure. The said compromise petition signed by the Chairman of the petitioner-society and the 2nd respondent and the learned counsels appearing for them, is taken on record. Terms and conditions of :4: the settlement were read over to the parties, who were present in the Court, in the language known to them. Both the Chairman of the petitioner-society and the second respondent have admitted the contents and execution of the compromise as true and correct. They have also stated that the settlement arrived at between them is on their own will and there is no force, or coercion, or undue influence in arriving at the settlement. The Chairman of the petitioner-society and the 2nd respondent have singed the order sheet. As such, there is no legal impediment for recording the compromise and disposing of the writ petition in terms of the compromise petition. As per the terms of the settlement, the 2nd respondent has agreed to receive a sum of Rs.6,50,000/- from the petitioner-society towards full and final settlement of his claim. Out of Rs.6,50,000/-, the petitioner- society has already deposited Rs.5,00,000/- before this Court on 26.04.2017 and the petitioner has no objection to order for releasing the said amount in favour of the 2nd respondent. Further the petitioner-society has paid the balance of :5: Rs.1,50,000/- by way of DD dated 01.06.2017 drawn in favour of the 2nd respondent, who in turn has acknowledged the same.
4. Petitioner's counsel submits, the settlement arrived at between the petitioner-society and the 2nd respondent, is in pursuance of the resolution passed by the society in its meeting held on 03.06.2017. Perusal of the resolution produced along with the compromise petition would reveal that the petitioner- society has entered into this settlement in pursuance of the resolution passed by the society in its meeting held on 03.06.2017.
5. In view of the above, learned counsel for the petitioner and learned counsel for the 2nd respondent pray this Court to dispose of the writ petition, in terms of the compromise. Hence, the following ORDER Writ petition stands disposed of in terms of the compromise. Consequently, the award dated 01.06.2001 passed by the 1st respondent-Deputy Registrar of Co-operative Societies, :6: Belagavi, in Dispute DRL/DDS.262/97-98 at Annexure-'F' and the order dated 09.02.2007 passed by the Karnataka Appellate Tribunal in Appeal No.510 of 2001 at Annexure 'G' stand modified in terms of the compromise.
Registry is directed to release Rs.5,00,000/- deposited by the petitioner-society on 26.04.2017 in favour of the 2nd respondent with interest if any accrued thereon.
In view of the disposal of the writ petition, I.As.1, 2 and 3 of 2017 do not survive for consideration and they are accordingly rejected.
Sd/-
JUDGE kmv