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The Management of M/s. Therelek Engineers Pvt. Ltd., Rep. by its Director, S. Venkatramana Bhat v/s K. Dharman

    Writ Petition No. 55343 of 2017 (L-RES)

    Decided On, 03 July 2020

    At, High Court of Karnataka


    For the Petitioner: K.R. Anand, Advocate. For the Respondent: A. Rajesh, L. Harish Kumar, Advocates.

Judgment Text

(Prayer: This Writ petition is filed Under Articles 226 and 227 of the Constitution of India praying to quash and set aside the order dated 24.2.2015 at Annexure-P passed on issue No.1 (Domestic Enquiry) in I.D.No.30/2011 as being totally and contrary to law and etc.,)

Through Video Conference:

Respondent - Mr.Dharman K. was an employee of the petitioner-Management. In a Domestic Enquiry, he was punished on 03.05.2011 while imposing penalty of dismissal. Being aggrieved and dissatisfied by the order dated 03.05.2011, respondent had raised the industrial dispute before the Additional Labour Court, Bengaluru under Section 2-A r/w Section 10(4-A) of the Industrial Dispute Act 1947 in I.D. No.30/2011. By order dated 02.08.2017, the First Additional Labour Court, Bengaluru, set aside the dismissal order dated 03.05.2011 while directing the petitioner- management to reinstate the petitioner into service within a period of one month from the date of publication of the award and respondent is entitled for continuity of service with all consequential benefits with 50% backwages.

2. Feeling aggrieved by the order passed in I.D. No.30/2011 dated 02.08.2017, petitioner- Management presented this petition. During the pendency of the present petition, joint memorandum of settlement is presented by drawing terms of settlement from paragraph Nos.1 to 10 on 01.07.2020 at Bengaluru.

3. Today, matter is taken up for final disposal. Parties namely, Mr. Panduranga C.P. (H.R. Manager) represented the petitioner-Management is present and he has been identified by his Advocate Mr. K.R. Anand. Similarly, Mr. Dharman K.- respondent is present and he has been identified by his advocate Mr. A. Rajesh for Mr. L. Harish Kumar.

4. In terms of joint memorandum of settlement, respondent-Mr. Dharman .K was paid a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) by means of Cheque bearing No.052737 dated 08.06.2020 drawn on State Bank of India, SME Branch, Peenya, Bengaluru in full and final settlement of all reliefs by the petitioner- Management.

5. Mr. Dharmkan K.-respondent is also agreed that he has no objection to dispose of the present petition in terms of joint memorandum of settlement dated 01.07.2020. He has also no objection to substitute the present settlement with the impugned award dated 02.08.2017 passed by the First Additional Labour Court, Bengaluru in I.D No.

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30/2011. 6. In view these facts and circumstances, joint memorandum of settlement is accepted and the present petition stands disposed of while substituting the joint memorandum of settlement with the impugned award dated 02.08.2017 passed in I.D. No.30/2011.