LM Wind Power Blades (India) Private Limited vs Krishna C.S.

S. Abdul Nazeer, J.—In this writ petition, the petitioner-management has called in question the validity of the award at Annexure-M in I.D. No. 23 of 2011, dated 11-9-2013 whereby the Principal Labour Court, Bangalore has set aside the order passed by the petitioner-management terminating the services of the respondent-workman and has directed the management to reinstate him with 50% back wages from the date of termination till the date of reinstatement with continuity of service and all other consequential benefits. Learned Counsel for the parties submit that the matter has been amicably settled between the parties. They have filed a joint memo along with the memorandum of settlement containing the terms of settlement. The terms of settlement is as under:

"SHORT RECITAL OF THE CASE

Whereas, Sri C.S. Krishna was appointed in the services of the company as skilled worker with effect from 25-10-1995. Subsequently, he was promoted as Assistant Team Leader. He was promoted as Team Leader by order dated 18-8-2005 and at his request, he was reverted to the post of Assistant Team Leader by order dated 10-4-2009. His services were terminated with effect from 14-6-2011 in terms of his appointment order dated 14-6-2009.

And whereas, Sri C.S. Krishna has filed application under Section 10(4-A) of the Industrial Disputes (Karnataka Amendment) Act, 1987 read with Section 2-A of the Industrial Disputes Act, 1947, before the Principal Labour Court, Bangalore, challenging the order of termination. The application was registered as I.D. No. 23 of 2011. The Labour Court by its award dated 11-9-2013 allowed the application filed by Sri C.S. Krishna and set aside the termination order dated 14-6-2011. The Labour Court further directed the management to reinstate Sri C.S. Krishna into service and post him to his original post within one month from the date on which the award becomes enforceable along with 50% of back wages from the date of termination i.e. 14-6-2011 till the date of reinstatement with continuity of service and all other consequential benefits.

And whereas, the management of L.M. Windpower Blades (India) Private Limited, challenged the said award before the Hon''ble High Court of Karnataka by filing writ petition in W.P. No. 55977 of 2013.

And whereas, the writ petition came up for preliminary hearing on 20-1-2014. The Hon''ble High Court by interim order dated 20-1-2014 stayed the operation of the award insofar as the payment of 50% back wages is concerned. The Court further ordered that Sri C.S. Krishna shall be reinstated into the service of the Company.

And whereas, the Company held discussion with Sri C.S. Krishna for an amicable settlement with a view to put an end to the litigation once and for all.

Both the parties reached settlement on 5-9-2014 agreeing that the award of the Principal Labour Court, Bangalore, in I.D. No. 23 of 2011, dated 11-9-2013 shall be substituted by the following terms and conditions:

TERMS OF SETTLEMENT

It is agreed that the management of L.M. Windpower shall pay a lump sum ex gratia amount of Rs. 8,00,584/- (Rupees Eight Lakhs Five Hundred and Eighty-four only) to Sri C.S. Krishna in full compliance of the award and also in lieu of all other claims including the claim of statutory benefits, reinstatement, etc.

Sri C.S. Krishna has agreed to receive lump sum ex gratia of Rs. 8,00,584/- (Rupees Eight Lakhs Five Hundred and Eighty-four only) in full compliance of the award dated 11-9-2013 passed by the Principal Labour Court, Bangalore, in I.D. No. 23 of 2011 and also in full and final settlement of all other claims including the statutory claims, reinstatement, etc.

It is agreed by Sri C.S. Krishna that on receipt of the lump sum ex gratia payment of Rs. 8,00,584/- (Rupees Eight Lakhs Five Hundred and Eighty-four only), he has no further claim whatsoever from the Company.

The Management agrees to withdraw the pending writ petition before the Hon''ble High Court of Karnataka in W.P. No. 55977 of 2013 by filing copy of the settlement along with a joint memo. Sri C.S. Krishna has also agreed to withdraw the complaint filed by him before the Commissioner of Labour in Karnataka alleging the non-implementation of the award of the Principal Labour Court referred hereinabove.

A Cheque bearing No. 410779, dated 5-9-2014 drawn on Axis Bank, for a sum of Rs. 8,00,584/- (Rupees Eight Lakhs Five Hundred and Eighty-four only) in favour of C.S. Krishna will be released after filing joint memo before the Hon''ble High Court of Karnataka and also after withdrawing the complaint pending before the Labour Commissioner, Bangalore.

With this, it is agreed by Sri C.S. Krishna that all his claims as referred hereinabove are fully settled and he has no further claim whatsoever.

In token of acceptance of the above terms and conditions, both the parties have affixed their signatories thereunto on this the 5th day of September, 2014 at Bangalore".

The joint memo and the memorandum of settlement are placed on record. Writ petition is disposed of in terms of the memorandum of settlement. The award of the Principal Labour Court, Bangalore, impugned herein stands modified accordingly. No costs.