At, High Court of Karnataka
By, THE HONOURABLE CHIEF JUSTICE MR. DINESH MAHESHWARI & THE HONOURABLE MR. JUSTICE P.S. DINESH KUMAR
For the Appellant: T.S. Ananthram, Advocate. For the Respondents: R1, Somashekar, Advocate, R2, Vikram Huilgol, HCGP.
(Prayer: This Writ Appeal is filed under Section 4 of the High Court Act, praying to set aside the order of the learned single judge dated 15/12/2017 passed in Writ Petition No.36405/2017 by dismissing the Writ Petition No.36405/2017 filed by the 1st respondent company.)
A short delay of four days in filing this appeal has not been opposed, and rightly so, by the learned counsel for the respondents.
Having regard to the submissions made, delay of four days in filing the appeal is condoned. The application-
I.A.No.2/2018 stands disposed of.
Learned counsel for the parties submit ad idem that the parties have since settled the matter; and the terms of settlement are reduced in writing in a joint memo dated 06.04.2018 attached to the memo presented before the Court.
The terms of the settlement read as under:
"TERMS OF SETTLEMENT
1) The workmen covered under this settlement will be given all the benefits of the settlement for the 2014-15. The workmen have agreed to this and have agreed to receive the benefits in full and final settlement of all their claims against the management with regard to increase in wages and other benefits for the period 01.04.2014 to 31.03.2015.
2) The workmen covered under this settlement will be given all the benefits of the settlement for the years 2015-18, except the WESOP option which is clause 7.1 of the settlement signed by the individual employees. The workmen have agreed to this and have agreed to receive the benefits in full and final settlement of all their claims against the management with regard to increase in wages and other benefits for the period 01.04.2015 to 31.03.2018.
3) In view of the workmen covered under this settlement accepting the benefits of settlement for the year 2014-15 and 2015-18 (three years) in terms of the wage settlement (2-p) which were signed by the majority of workmen. The management has made it clear that all demands and claims made by the workmen in their charter of demands dated 11.03.2014, 09.02.2015, 30.03.2016 and 30.03.2017 submitted by the workmen through their union shall be deemed to have been fully settled. The benefits that the workmen would get under the settlements for the years 2014-15 and 2015-18 are in complete satisfaction of all the demands made by the union through their charter of demands dated 11.03.2014, 09.02.2015, 30.03.2016 and 30.03.2017, which are all pending adjudication before the Additional Industrial Tribunal, Bengaluru. It is made clear that the workmen covered under this settlement will not be eligible/entitled to WESOP option for the years 2015, 2016 and 2017 since the window for taking WESOP is closed. It also will not be above to extend the Salary Advance for the year 2014-15, Interest free advance for the year 2015- 18 since, the period is lapsed which the representatives of the workmen understood and appreciated.
4) All cases relating to, and connected with, charter of demands filed by the union and the management, details of which are given hereunder shall be got closed unconditionally by the workmen and the management. For this purpose, a joint memo of this settlement shall be filed in each of the following cases with a request to the court to dispose of the matter in terms of this settlement.
5) The union has made an application under section 33 C(1) of the Industrial Dispute Act, 1947 for certificate to recover a sum of Rs.2,44,75,000/- which according to the union is an amount payable to the workmen under Interim Relief order granted by the Additional Industrial Tribunal in AID No.38/2015. The Deputy Labour Commissioner, Region-II issued the certificate to recover a sum of Rs.2,44,75,000/- as arrear of Land revenue and the same came to be challenged before the Hon'ble High Court of Karnataka by the Management. The Hon'ble High Court of Karnataka vide order dated 15.12.2017 passed in Writ Petition No. 36405/2017 quashed the revenue recovery certificate dated 01.08.2017 issued by the Deputy Labor Commissioner, Region-II. As against this Writ Appeal No.614/2018 is filed by the Union. The workmen agree to withdraw the Writ Appeal in view of the fact that the benefits payable under this settlement includes the amount in the revenue recovery certificate. With this, it is understood that the workmen shall not seek enforcement of any order for recovery of Interim Relief payment.
6) A copy of this settlement shall be filed in all the disputes pending before the Hon'ble High Court of Karnataka, Additional Industrial Tribunal or Conciliation Officer and or any other court with a request to the court to pass an award/order in terms of the settlement.
7) A copy of the settlement shall be filed in the cases detailed in para-4 above pending before the Hon'ble High Court of Karnataka, the Additional Industrial Tribunal, Bangalore and the court/Tribunal be prayed to dispose of the petitions/appeals/cases in terms of this settlement.
8) Payment of the arrear amount agreed to under this settlement will be made to the workmen within 4 weeks from the settlement of the last industrial dispute / court case referred to in para-4 above. The calculation of arrear amount will be worked out considering attendance of the workmen.
9) The names of the 174 workmen to whom this settlement would be applicable are detailed in Annexure-1 to this memorandum of settlement.
In view of the above settlement, the First party Union and Second Party Management humbly pray this Hon'ble tribunal to pass award in terms of this joint memo, in the interest of justice and equity."
The learned counsel for the parties su
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bmit that the aforesaid terms of settlement are acceptable to both the parties and this appeal may be disposed of in terms thereof. On the submissions made by the learned counsel for the parties and having regard to the terms of settlement whereby the parties seek a final conclusion of all their pending litigations in a lawful manner, we are satisfied that the writ appeal deserves to be disposed of as per the settlement of the parties. Accordingly, this writ appeal stands disposed of in terms of the aforesaid joint memo dated 06.04.2018. The pending interlocutory application also stands disposed of.