Karnataka High Court

WA/827/2024 of THE MANAGEMENT OF M/S KIRLOSKAR ELECTRIC CO., LTD., Vs MR C SHIVAKUMAR on 29 July 2026

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CNR: KAHC010291842024 NC: 2026:KHC:39637-DB WA No. 827 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR.JUSTICE T.M.NADAF WRIT APPEAL NO.827 OF 2024 (L-TER) BETWEEN: THE MANAGEMENT OF M/S

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JULY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR.JUSTICE T.M.NADAF

WRIT APPEAL NO.827 OF 2024 (L-TER)

BETWEEN:

THE MANAGEMENT OF

M/S KIRLOSKAR ELECTRIC CO., LTD,

UNIT-III, PLOT NO.6,

HIREHALLI INDUSTRIAL AREA,

HIREHALLI,

TUMAKURU - 572 168.

REPRESENTED BY ITS

COMPANY SECRETARY

MR. MAHABALESHWAR BHAT

…APPELLANT

(BY SRI. ANAND K R., ADVOCATE)

AND:

MR. C. SHIVAKUMAR,

BOMMANAHALLI,

KESARAMADU POST,

UDIGERE HOBLI,

TUMAKURU TALUK AND DISTRICT.

…RESPONDENT

(BY SRI. NARAYANA SWAMY K B., ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE

WRIT APPEAL FILED BY THE APPELLANT BY SETTING ASIDE

THE IMPUGNED ORDER DATED:08.04.2024, PASSED IN WRIT

PETITION No.24497/2012(L-TER) BY THE HON'BLE SINGLE

JUDGE OF THIS HON'BLE COURT IN THE INTEREST OF JUSTICE

AND EQUITY AND ETC.,

Digitally

signed by

REKHA R

Location:

High Court

of Karnataka

HC-KAR

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal has been filed impugning the order dated 08.04.2024 passed by the Writ Court in W.P.No.24497/2012. The Writ Petition filed by the appellant came to be dismissed against the Award dated 15.12.2011 passed in I.D.No.59/2008 by the Labour Court.

2. The respondent/workman had faced domestic enquiry in respect of the imputation of theft of some copper wire by him. Though the Enquiry Officer found him guilty, but the Labour Court in the impugned Award had noted that the conclusion arrived at by the Enquiry Officer was perverse and therefore, allowed the Reference and ordered for reinstatement of respondent/workman with

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25% backwages, continuity of service along with all other consequential benefits. Instead of reinstating the workman in compliance of the Award passed by the Labour Court, the appellant/Management had paid Section 17B wages. The respondent/workman had attained the age of superannuation on 15.08.2022.

3. Mr. Kasturi, learned Senior Counsel appearing for the appellant, as well as Mr. Narayanaswamy, learned counsel appearing for the respondent, have submitted that to put an end to the long-running litigation this Court may fix appropriate amount as One Time Settlement regarding all claims and entitlement of the respondent/workman.

4. We have considered the said submission and considering the Award passed by the Labour Court and the order passed by the learned Single Judge, we deem it appropriate to fix Rs.5,00,000/- (Rupees Five Lakhs only) as One Time Settlement amount to be paid by the

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appellant/Management to the respondent/workman within a period of one month from today.

5. The workman shall be entitled to receive his gratuity amount in accordance with the law including the interest as payable under the statute.

6. With the aforesaid direction and observation, we dispose of the writ appeal.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

DR List No.: 1 Sl No.: 42 ct-vn

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