M/S Oswal Beverages v. Mr R Mahesh

NC:(2026:KHC:14248( WP(No.(35764(of(2018( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(10 (DAY(OF(MARCH,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( WRIT(PETITION(NO.(35764(OF(2018((L-TER)( BETWEEN:(( ( M/S,OSWAL,BEVERAGES, BHOLE,FARM, HOSAHALLI,VILLAGE, VISHWANEEDAM,POST, MAGADI,ROAD,

BENGALURU,-,560,091, REPRESENTED,BY,ITS,PROPRIETOR, MR.,RAJENDRA,BHANSALI., …PETITIONER, (BY,SRI,ANAND,K.R,,ADV.), AND:( ( MR.,R.,MAHESH, S/O,RADHAKRISHNA, NO.6,,5TH,CROSS,,6TH,MAIN, L.N.PUROAM,,BENGALURU,-,560,021., …RESPONDENT,

Digitally (BY,SRI,V.S.,NAIK,,ADV.,,FOR,C/R), signedtiby VANAMALA , THIS, WP, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, N CONSTITUTION,OF,INDIA,PRAYING,TO,QUASH,AND,SET,ASIDE,THE,Location: HIGH IMPUGNED,AWARD,ANNEX-A,DATED,30.4.2018,PASSED,BY,THE,1ST, COURT0OF ADDL.,LABOUR,COURT,,BENGALURU,IN,I.D.NO.,25/2011.GRANT,AN, KARNATAKA INTERIM,ORDER,TO,STYA,THE,OPERATION,OF,THE,AWARD,ANNEX-A, DATED, 30.4.2018, PASSED, BY, 1ST, ADDL., LABOUR, COURT,, BENGALURU,IN,I.D.NO.,25/2011., , , THIS, PETITION,, COMING, ON, FOR, REPORTING, SETTLEMENT,, THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, ,HON'BLE,MR.,JUSTICE,ANANT,RAMANATH,HEGDE, , (

ORAL ORDER

This petition is filed assailing the award dated

30.04.2018. In terms of the said award, the order of termination passed by the second party management on

16.12.2010 is set aside. The I Additional Labour Court directed compensation of ₹25,000/- to be paid for the month from

25.05.2011 to 22.09.2015.

¶2The establishment is before this Court assailing the said award. Learned counsel for the petitioner - establishment and learned counsel for the respondent - workman jointly submit that dispute is amicably settled and a joint memo dated

10.03.2020 is filed.

¶3The terms and conditions of the joint memo are as under: "Both parties to the above Writ Petition, having discussed over the mater, have agreed to amicably resolve and settle the same on the following terms:

Terms of Settlement

¶01The Petitioner has, on this day paid sum of Rs 75,000/- (Rupees Seventy Five Thousand only) by Cheque No.000639 dated 09/03/2026 drawn on Bank of Baroda Bhagyalakshmi Tower, Kaveri Nagar Branch, Bengaluru 560 079 drawn in favor of Mr. R.

Mahesh, S/o Radhakrishna, the Respondent herein in lieu of the Award Annexure-A dated 30/04/2018 passed in ID No. 25/2011, which is in full and final settlement of all reliefs granted to Respondent in the impugned Award referred herein.

¶02The Respondent Mr R. Mahesh who is present before this Hon'ble Court on identifying himself to his Counsel by attaching copy of his Aadhaar card acknowledges the said sum of Rs 75,000/- (Rupees Seventy Five Thousand only) by Cheque No. 000639 dated 09/03/2026 drawn on Bank of Baroda Bhagyalakshmi Tower, Kaveri Nagar branch, Bengaluru 560 079, in favor of Mr R. Mahesh, S/o Radhakrishna, the Respondent herein in lieu of the Award Annexure-A dated 30/04/2018 passed in ID No. 25/2011, which is in full and final settlement of all reliefs granted to Respondent in the impugned Award referred herein.

¶03The Respondent acknowledges the said sum of Rs 75,000/- (Rupees Seventy Five Thousand only) by way of settlement, as per the terms of this settlement as against reliefs granted to him under the Award on being fully convinced that the amount received by him as per the terms of this settlement is fair, just, proper and reasonable and therefore seeks for substitution of this settlement in place of the Award Annexure-A dated 30/04/2018 passed in ID No. 25/2011.

¶04In view of this settlement, which is in full and final settlement of all monetary reliefs that the Respondent would be entitled to in law, the Respondent confirms that no other amount is due to him by his employer i.e. the Petitioner herein under any head of account and hence confirms this settlement to be in full and final settlement of all reliefs granted to him under the Award Annexure-A dated 30/04/2018.

¶05The Respondent further confirms that the amount received by him under this settlement being in lieu of reinstatement as well, confirms that no petition is preferred by him questioning rejection of relief of

reinstatement before this Hon'ble Court and also has no such intentions in future.

¶06In view of this settlement, both parties humbly pray that this Hon'ble Court may be pleased to substitute the Award Annexure-A dated 30/04/2018 passed in ID No. 25/2011, with this settlement, in the interest of justice and equity.

This settlement is signed on this Tenth day of March, Two Thousand Twenty Six (10/03/2026) at Bengaluru."

¶4The joint memo is duly signed by the petitioner and the respondent as well as the respective counsel for the parties. A copy of the cheque for ₹75,000/- agreed to be paid to the respondent is also enclosed.

¶5This Court does not find any impediment to accept the terms of the settlement.

¶6The respondent, who is present before the Court, also submits that he has voluntarily accepted the compensation offered by the petitioner.

¶7Accordingly, the impugned award dated 30.04.2018 at Annexure-A is set aside in terms of the joint settlement.

Sd/- (ANANT RAMANATH HEGDE) JUDGE

SA List No.: 1 Sl No.: 33