M/S Molex India Pvt. Ltd. V. Sri Barnabass M.

WP/28956/2017

AI Insights

The case involved M/S Molex India Pvt. Ltd., represented by its director, and Sri Barnabass M., the respondent. The writ petition was filed under Article 226 of the Constitution of India, seeking to quash an award dated 14.2.2017. However, during the proceedings, both parties submitted a joint memo agreeing to a settlement. The settlement included a one-time payment to the respondent, covering all claims related to their employment, including gratuity and other benefits. The court's decision to dispose of the writ petition was based on this mutual agreement, effectively ending the employer-employee relationship and any further claims related to it.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 689582 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 05-09-2017
• Assessment Year: misc
• Laws Referred To: Articles 226 of the Constitution of India
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: Y S SATISH CHANDRA
• Assessee Lawyers: SOMASHEKAR
• Keywords: Compensation; Employer-employee relationship; Joint Memo; Settlement; Writ petition

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF SEPTEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.28956/2017(L-TER) BETWEEN: M/S MOLEX INDIA PVT. LTD., PLOT NO.6(A), SADARA MANGALA INDUSTRIAL AREA, KADUGODI BANGALORE-560067. REPRESENTED BY ITS DIRECTOR HR SRI IVAN D’SOUZA, ... PETITIONER (BY SRI SOMASHEKAR, ADVOCATE) AND: SRI BARNABASS M., AGED ABOUT 50 YEARS, S/O MUNISWAMY, RESIDING AT LIZQ WILLIAM BAZAAR STREET, NEELASANDRA, BANGALORE. ... RESPONDENT (BY SRI Y.S. SATISH CHANDRA, ADVOCATE) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD DATED 14.2.2017 VIDE ANNEXURE-J TO THIS WRIT PETITION. 2 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER A joint memo dated 5th September, 2017 is filed by both the parties to the lis which is signed by both the petitioner and the respondent and their respective Counsel. The said memo is taken on record which reads as under: 1. The petitioner has agreed to make payments to the respondent in terms of the calculation memo marked as Annexure to the Joint Memo. In all, inclusive of all benefits which includes gratuity already paid and gratuity payable pursuant to the award, the ESI and PF contributions that were required to be paid, the petitioner has agreed to pay Rs.9,41,758/- (Rupees nine lakhs forty one thousand seven hundred 3 and fifty eight only to the respondent. The details of payments are shown in the annexure. 2. In consideration of the payment referred to above in clause (1), it is clearly understood that all claims of the respondent against the petitioner arising out of the reliefs granted to him under the impugned award dated 14.02.2017 passed in Ref.No.30/2012 and/or otherwise, shall be deemed to have been settled once and for all. It is also clearly understood that the respondent shall not be entitled to challenge the impugned award claiming relief of back-wages or any other relief in consideration of the settlement. 3. This settlement brings to an end employer-employee relationship between the petitioner and the respondent. All claims of the 4 respondent with regard to service rendered to the petitioner and/or in respect of his non-employment shall be deemed to have been settled by virtue of this settlement. 4. Both the parties pray that the impugned award dated 14.02.2017 passed in Ref.No.30/2012 by the Hon’ble Second Additional Labour Court, Bengaluru, shall be substituted by the terms of this settlement, in the interest of justice . 2. In terms of the joint memo, the Company is paying one time compensation of Rs.9,41,758/- (Rupees Nine Lakhs Forty One Thousand and Seven Hundred and Fifty Eight only) through a cheque dated 23.8.2017 drawn on Corporation Bank which is acknowledged by the learned Counsel for the respondent in presence of the respondent, who is 5 also present before this Court including all gratuity, monthly salary component. income tax deduction. The Xerox copy of details of payment is also produced along with joint memo. 3. Both the petitioner as well as the respondent are present before this Court and they voluntarily state that they have jointly agreed to the settlement for a sum of Rs.9,41,758/- without any co-ercion or force. 4. Accordingly, writ petition is disposed of in terms of the joint memo. Sd/- Judge Nsu/- "