SMT. LOKESHWARI @ KASHI BAI vs. SHRI. M. R. DORESWAMY

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF NOVEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE K.SOMASHEKAR

WRIT PETITION No.2441/2016 (L-TER)

Between:

Smt. Lokeshwari @ Kashi Bai W/o Sthitha Prajna Aged about 51 years Residing at No.310 “Shwetha Dweepa” Rushyashrunga Kuteera 6th Cross, (Veerabhadranagara) Narayanapura Bangalore – 560 085. Represented by Her P.A. Holder Shri Sthitha Prajna. ... Petitioner

(By Smt. Lokeshwari - Party-in-person represented by GPA Holder – Sri Sthitha Prajna (GPA-Holder))

And:

2 2. Shri K N Balasubrahmanya Murthy Principal & Director P.E.S. Institute of Technology 100 Feet Ring Road BSK III Stage Bangalore – 560 085. ... Respondents

(By Sri. K R Anand, Advocate for R-1 and R-2)

****** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to, set aside the termination order passed dated 21.05.2011 by the Respondent No.2 vide Annexure-D and etc.,

This Petition coming on for Final Hearing, this day, the Court made the following:

ORDER

This writ petition is filed by one Smt.Lokeshwari @ Kashi Bai represented by her P.A.Holder Sri Sthitha Prajna with a prayer to set-aside the termination order passed by the second respondent as per Annexure-D and also to set- aside the order dated 21.10.2015 passed by the III Addl.Labour Court, Bangalore in I.D.No.25/2011 as per Annexure-E and such other reliefs.

3 in the respondent – P.E.S Institutions. Subsequently, she was directed to work as an Attender. On 24.03.2002 the petitioner was orally refused employment/service by the respondents. The same was challenged before the Labour Court in I.D.No.3/2003. The Labour Court vide order dated 24.07.2007 allowed the matter and directed the respondents – authority to reinstate the petitioner into service with full back wages with all consequential benefits. The said order was challenged by the respondents in W.P.No.18480/2007 before this Court which came to be dismissed on 22.11.2010. An observation was made in the said order directing to reinstate the petitioner herein with full back ages and continuity of service in compliance with the directions of the Labour court. Against the said order, a writ appeal was filed in W.A.No.2634/2009 which also came to be dismissed vide order dated 03.08.2009 and a direction was issued to pay the salary on par with one Smt.Geeta who is similarly placed with that of Smt.Lokeshwari. As the said order was not implemented by the respondent-Institution, C.C.C.No.720/2009 was filed by the petitioner before this

4 Court. The said petition was closed in view of undertaking given by the respondent – institution to pay the salary as and when it falls due in terms of the direction issued by this court.

5 filed by the petitioner, seeking to set-aside the impugned order passed by the Labour Court and so also, the termination order passed by the second respondent.

6 any fresh dispute against the Respondent Institution and / or Respondents in their individual capacity by filling any petition seeking for any additional relief, compensation, monetary or otherwise from the Respondents individually and / or the Institute on any date in future. 2. The Petitioner on further admitting that this settlement is entered into based on the negotiations held by herself along with her Power of Attorney Holder, has signed this settlement voluntarily and on her own free will. 3. In view of the categorical, unconditional assurance given by the Petitioner and her Power of Attorney Holder, as stated above, the Petitioner has on this day paid a sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand Only) by Demand Draft bearing No.321898, dated 10.10.2019; drawn on Union Bank of India, PESIT Extension Branch, Bengaluru-85, in favour of the Petitioner in full and final settlement of all reliefs sought by the Petitioner in the above writ petition as also in CC No. 52097/2015 (Old CC No.14744/2012) in PCR No.22716/2011, if any; presently pending before the Hon’ble 10th Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru, and accordingly, acknowledges Demand Draft bearing No.321898, dated 10/10/2019; drawn on Union Bank of India,

7 PESIT Extension Branch, Bengaluru – 85, for Rs.6,50,000/-(Rupees Six Lakhs Fifty Thousand Only) paid to her. 4. In view of this settlement under which Petitioner is paid a sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand Only) as ex-gratia which is in lieu of all reliefs sought for by the Petitioner in the above matter, Writ Petition No.14261/2016 [L-RES] and / or CC No.52097/2015 (Old CC No.14744/2012) in PCR No.22716/2011; presently pending before the Hon’ble 10th Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru, the Petitioner shall not be eligible or entitled to any other amount / reliefs from the Respondent Institution. The Petitioner shall not be eligible or entitled to any other amount from the respondent institutions either by way of compensation and / or legal dues since amount paid to the Petitioner under this settlement is full and final and covers all such legal dues, if any payable to the Petition including earned wages / leave wages if any, gratuity if any and other benefits if any. 5. The Petitioner confirms that the sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand Only) paid to her is as ex-gratia in lieu of all claims whatsoever claimed in all the writ petition / complaints and therefore, the same shall not attract

8 the P.F., E.S.I., and / or any other statutory benefits etc. However, the P.F. contribution remitted by the Respondents upto the last working day of Petitioner could be sought refund by the Petitioner from the P.F. Department, if need be for which the Respondents would be willing to sign necessary documents, as and when, the Petitioner seeks for the same. 6. In view of this settlement, the Petitioner confirms that, question of her seeking / claiming relief of reinstatement, re-employment and / or fresh employment in any of the Institutions managed by the P.E.S. Institutions anywhere in Karnataka or elsewhere would not arise and that the Petitioner has executed this settlement by specifically giving up of all such reliefs against the Institutions and Respondents individually of the institution. 7. Consequently, the Petitioner agrees to withdraw the Criminal Complaint pending in CC No.52097/2015 (Old CC No.14744/2012) in PCR No.22716/2011; presently pending before the Hon’ble 10th Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru, by filing copy of this joint memo with a prayer to the said Hon’ble Court to dispose of the complaint as settled in terms of this settlement pursuant to which only, will she be paid

9 Demand Draft for Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand Only), before this Hon’ble Court.

10 10. For the purpose of income tax, since the payment of ex-gratia is in lieu of back-wages, continuity of service and all other consequential benefits the same would be prayed to be proportionately appropriated / distributed from the date of the Award dated 21.10.2015 till date and both parties pray this Hon’ble Court to pass suitable order(s) based on the judgment of the Hon’ble Supreme Court reported in 1984 – 2 LLJ – Page 22 copy of which is also enclosed to this settlement.

In terms of the joint settlement a demand draft for a sum of Rs.6,50,000/-(Rupees six lakh fifty thousand only) has been handed over by the respondents to Smt.Lokeshwari – petitioner-party in person in the open Court and she acknowledges the receipt of the same.

11 Accordingly, in terms of the joint memorandum of settlement between the parties to this petition, this writ petition stands disposed of.

Sd/-

JUDGE DKB