(BY SRI. SUBRAMANYA BHAT M, ADVOCATE) v. SRI. J.KANIKARAJ, ADVOCATE FOR R2)

1. SRI H V NAGESHA S/O SRI. VENKATAPPA C/O MUDDAHANUMEGOWDA AGED 42 YEARS R/AT NO.113-50, 1ST A CROSS RAJAGOPALANAGARA PEENYA 2ND STAGE BENGALURU - 560 058. (BY SRI. SUBRAMANYA BHAT M, ADVOCATE) …APPELLANT MADHUSHREE H Location: High Court of Karnataka AND:

STANZEN LINKS (INDIA) LTD 473-A/2, 12TH CROSS, 4TH PHASE PEENYA INDUSTRIAL AREA BENGALURU - 560 058 REP. BY ITS MANAGING PARTNER SRI. S. KULKARNI

MANAGING DIRECTOR M/S TOYOTETSU INDIA (P) LTD (FORMERLY KNONW AS STANZEN TOYOTTSU INDIA (P) LTD., TOYOTA TECHNO PARK PLOT NO.20, BUILDING NO.2 - 2 - NC: 2025:KHC:14064-DB WA No. 2 of 2023 BIDADI INDUSTRIAL AREA RAMANAGAR DISTRICT - 562 109. (BY SRI. SOMASHEKAR, ADVOCATE FOR R1; SRI. J.KANIKARAJ, ADVOCATE FOR R2) …RESPONDENTS 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.6795/2020 (L-RES) ON THE FILE OF THE LEARNED SINGLE JUDGE, TO MEET THE ENDS OF JUSTICE. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO 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.1,69,103/- (Rupees One Lakh Sixty Nine Thousand One Hundred and Three Only) to first party Sri H.V. Nagesh by account payee cheque bearing No.02176177 dated 27-02- 2025 drawn on Union Bank India, Peenya Branch, - 3 - NC: 2025:KHC:14064-DB WA No. 2 of 2023 Bangalore-58 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 first party 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 employee Sri H.V. Nagesh by account payee cheque bearing No.02176178 dated 27-02-2025 drawn on Union Bank of India, Peenya Branch, Bangalore- 560058, being the gratuity amount.

The Employee 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 the employee, the management considered the request of the employee and has now paid an amount of Rs.39,984/- (Rupees Thirty Nine Thousand Nine Hundred and Eighty Four only) to the employee by account payee cheque bearing No.02176179 dated 27-02-2025 drawn on Union Bank of India, Peenya Branch, Bangalore-58 as ex-gratia in full and final settlement of all claims of employee as ex-gratia.

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

It is further agreed that the employee and the management shall file a copy of this settlement along with Joint Memo before the Hon'ble High Court in W.A.02/2023 with a request to dispose the Writ Appeal as settled between the parties.

It is agreed between both the parties that in view of this settlement, the employee Sri H.V. Nagesh shall not be entitled to reinstatement, re-employment and or fresh employment with the management or any of its sister concerns. - 4 - NC: 2025:KHC:14064-DB WA No. 2 of 2023

It is agreed that in view of this settlement the jural relationship of employer and employee between the management and the employee Sri H.V. Nagesh shall cease to exist.

It is agreed between both the parties that, in view of this settlement the employee Sri H.V. Nagesh shall not be entitled to any other relief what so ever either monetary or otherwise against the management.

In view of this bilateral settlement the Employee Sri H.V. Nagesh has agreed not to raise any dispute against the management in respect of any claims for the services rendered or otherwise. This Settlement is signed at Bangalore on 27-02-

2025.”

2. Mr.Somashekar, learned counsel appearing for the respondent No.1 submits that the cheques for Rs.1,69,103/-, Rs.76,309/- Rs.39,984/- compensation under Section 25FF of the Industrial Disputes Act, 1947, gratuity amount and ex-gratia have been paid to the appellant herein. This fact is also acknowledged by Mr.Subramanya Bhat M., learned counsel appearing for the appellant.

3. Learned counsel for both the parties state that the parties shall be bound by the terms of the settlement and the appeal be disposed of as settled. - 5 - NC: 2025:KHC:14064-DB WA No. 2 of 2023

4. Taking the joint memorandum of settlement and the submission of the counsel on record, the appeal is disposed of. Pending I.A.s if any, are disposed of as infructuous. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 5.1