IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WA No.253/2023 (L-RES)

BETWEEN:

D.DAYANAND SINCE DECEASED BY HIS LR, ENKATARAMANAIAH, S/O LATE DASAPPA, AGED 56 YEARS, R/AT SHETTARAPALYA, URDIGERE HOBLI, TUMKUR DISTRICT – 572 140 …APPELLANT (BY SRI. SUBRAMANYA BHAT M, ADVOCATE)

AND:

1. STANZEN LINKS (INDIA) LTD., 473-A/2, 12^TH CROSS, 4^TH PHASE Digitally signed PEENYA INDUSTRIAL AREA by BENGALURU - 560 058 MADHUSHREE H REP BY ITS MANAGING PARTNER Location: High SRI S.V.KULKARNI Court of Karnataka

2. MANAGING DIRECTOR M/S TOYOTETSU INDIA (P) LTD.

(FORMERLY KNOWN AS STANZENTOYOTTSU INDIA (P) LTD., TOYOTA TECHNO PARK PLOT NO.20, BUILDING NO.2 BIDADI INDUSTRIAL AREA RAMANAGAR DISTRICT – 562 109 …RESPONDENTS (BY SRI. SOMASHEKAR, ADVOCATE FOR R1;

SRI. KANIKARAJ, ADVOCATE FOR R2)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 04.11.2022 PASSED IN W.P.No.6973/2020 (L-RES) ON THE FILE OF THE LEARNED SINGLE JUDGE TO MEET THE ENDS OF JUSTICE.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

Learned counsel for the parties have drawn our attention to joint memorandum of settlement filed in this appeal. They have also referred to the terms of settlement in the said joint memorandum, which reads as under:-

“TERMS OF SETTLEMENT

01. The management has paid today a sum of Rs.1,87,547/- (Rupees One Lakh Eighty Seven Thousand Five Hundred and Forty Seven Only) to Sri Venkataramaiah LR of Sri D. Dayananda by account payee cheque bearing No.02176236 dated 28-02-2025 drawn on Union Bank India, Peenya Branch, Bangalore-560058 being the amount payable under section 25FF of Industrial Disputes Act consequent to transfer of ownership in full and final settlement of all claims of the late Dayananda including compensation under section 25FF of Industrial disputes Act, Notice pay, unpaid wages, leave wages, bonus and etc.

02. The management has paid an amount of Rs.76,309/- (Rupees Seventy Six Thousand Three Hundred and Nine only) to Sri Venkataramaiah LR of Sri D. Dayananda by account payee cheque bearing No.02176237 dated 28-02-2025 drawn on Union Bank of India, Peenya Branch, Bangalore -560058, being the gratuity amount of late D. Dayananda.

03. Sri Venkataramaiah LR of Sri D. Dayananda requested the management to pay some amount as exgratia to put an end to the ongoing litigations. Even though the management is not liable to pay any amount as requested by Sri Venkataramaiah LR of Sri D. Dayananda, the management considered the request of the Sri Venkataramaiah LR of Sri D. Dayananda and has now paid an amount of Rs.39,984/- (Rupees Thirty Nine Thousand Nine Hundred and Eighty Four only) to Sri Venkataramaiah LR of Sri D. Dayananda by account payee cheque bearing No.02176238 dated 28-02-2025 drawn on Union Bank of India, Peenya Branch, Bangalore-58 as ex- gratia in full and final settlement of all claims of late D.

Dayananda as ex-gratia.

04. The Sri Venkataramaiah LR of Sri D. Dayananda acknowledges the receipt of the amount indicated in clause No. 1, 2 and 3 above in full and final settlement of all claims of late D. Dayananda against the Management including the claim for compensation under Section 25FF of I.D. Act, back wages, compensation in lieu of reinstatement, leave wages, gratuity, bonus and ex-gratia etc.

05. It is further agreed that the Sri Venkataramaiah LR of Sri D. Dayananda and the management shall file a copy of this settlement along with Joint Memo before the Hon'ble High Court in W.A.253/2023 with a request to dispose the Writ Appeal as settled between the parties.

06. In Writ Appeal No. 253/2023 before the honble high court of Karnataka instead of mentioning my name as Venkatarama