MR. ABDULKHADAR RAJESAB JAMADAR v. MR. RAMESH YALLAPPA MOTEKAR
Case at a glance
Outcome
Allowed
The petition is allowed in part
Provisions considered
- Contempt of Courts Act, 1971 ss. 11, 12
- Constitution of India art. 215
Judgment
MR. MALLAPPA MUTTAPPA KULLUR, AGE: 62 YEARS, OCC: RETIRED, R/O. SAPNA NIVAS, KESHAV NAGAR, VADAGAON, BELAGAVI-590005.
MR. MANOHAR NANA SULEBHAVI, AGE: YEARS, OCC: RETIRED, R/O. RAMDEVGALLI, YELLUR, BELAGAVI-590005.
MR. ANIL SHIVAJI MOHITE, AGE: YEARS, OCC: RETIRED R/O. NO.218/3, BALEKUNDRI KH, BELAGAVI-591103.
MR. BASAVARAJ VEERAPPA KAGALAGOMB, AGE: 63 YEARS, OCC: RETIRED, R/O. 3252, NEAR UDAYA SCHOOL, RAMATERTH NAGAR, BELAGAVI-590015.
MR. ASHOK SADEPPA PUJARI, AGE: 63 YEARS, OCC: RETIRED, R/O. PLOT NO.112, LOHAR GALLI, ANUGOL, BELAGAVI-590006.
MR. RAVI SHIVALINGAPPA GOKAK, AGE: YEARS, OCC: RETIRED, R/O. RAMATERTH NAGAR, GANESH CIRCLE, K.E.B ROAD, BELAGAVI-590015.
MR. ISWAR BASAYYA MATAPATI AGE: 62 YEARS, OCC: RETIRED, R/O. H.NO.3578, HOUSING COLONY, SANKESHWAR, TAL: HUKKERI, BELAGAVI–591313. - 3 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR
MR. YALLAPPA DEMAPPA DALAWAI, AGE: 62 YEARS, OCC: RETIRED, R/O. 123, HUGAR ONI, YARZARVI, SAVADATTI, BELAGAVI-591126.
MR. BASAYYA CHANNABASAYYA HIREMATH, AGE: 63 YEARS, OCE: RETIRED, R/O. NO.14, II MAIN, 5TH CROSS, DOOR NO.F-1. BILAGI RESIDENCY, SADASHIV NAGAR, BELAGAVI-590019.
MR. ANAND HUVANNAVAR, AGE: 64 YEARS, OCC: RETIRED, R/O. H.NO.310, SARVODAYA HOSING COLONY, HINDAWADI, BELAGAVI-590011.
MR. DURGAN NAGAPPA KAMBLE, AGE: 62 YEARS, OCC: RETIRED, R/O. H. NO.342/A, AMBEDKAR GALLI, KANGRALLI BK, BELAGAVI-590010.
MR. RAMESH MANOHAR GORE, AGE: 62 YEARS, OCC: RETIRED, R/O. PLOT NO.207, 2ND MAIN, 1 CROSS, SAI JYOTI APARTMENT, SADASHIV NAGAR, BELAGAVI-590019.
MR. ANANT VADIRAJ TADAKOD, AGE: 62 YEARS, OCC: RETIRED, R/O. 1087, ANANTH SHYANA GALLI, BELAGAVI-590001.
MR. SHASHIDAR HANUMANTH BERATHNAV, AGE: 64 YEARS, OCC: RETIRED, R/O. PLOT NO.12, PARVATI LAYOUT, SHIVATEERTH COLONY, MAHANTESH NAGAR, BELAGAVI -590016.
MR. MOHAN GURULINGAPPA MUNAVALLI, AGE: 64 YEARS, OCC: RETIRED, R/O. BUDA PLOT NO.267/E, SAYAHADRI NAGAR, - 4 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR BOXITE ROAD, BELAGAVI-591108.
MR. SURYAKANTH RAJARAM BANKAPURE, AGE: 63 YEARS, OCC: RETIRED, R/O. PLOT NO.1709, SUMATI NARAYAN NILAYA, ANJANEYA NAGAR, BELAGAVI-590016.
MR. NARAYAN PARASHURAM MANDOLKAR, AGE: 62 YEARS, OCC: RETIRED, R/O. PLOT NO.9937/A 1ST MAIN, 2ND CROSS, SHIVAJI NAGAR, BELAGAVI-590016.
MR. YALLAPPA TIPPANNA BANKI, AGE: 62 YEARS, OCC: RETIRED, R/O. KUNNAL, RAMDURGA, BELAGAVI-591114. 24 MR. SIDDAPPA TAMMANNA SHABANNAVAR, AGE: 64 YEARS, OCC: RETIRED, R/O. A/PO. MUDALAGI, GOKAK, BELAGAVI-591218. (BY SRI. SOURABH HEGDE, ADVOCATE) …COMPLAINANTS AND: MR. RAJESH B. HUDDAR, THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., BELAGAVI DIVISION, BELAGAVI-590001. (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) …ACCUSED THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PLEASED TO PUNISH THE ACCUSED FOR HAVING DISOBEYED THE ORDER DATED 23-11-2024 IN WP NO.106511/2025 (S-R) VIDE ANNEXURE-A, PASSED BY THE HON’BLE HIGH COURT OF KARNATAKA, DHARWAD BENCH AND ALSO AWARD COST OF THIS PROCEEDINGS IN THE ENDS OF JUSTICE. - 5 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR IN WA NO. 100532 OF 2025 BETWEEN: THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., BELAGAVI DIVISION, BELAGAVI 590001. (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) …APPELLANT AND:
MR. ABDULKHADAR RAJESAB JAMADAR, AGE: 64 YEARS, OCC: RETIRED, R/O. PLOT NO.3, 1ST CROSS, VEERABHADRA NAGAR, BELAGAVI-591313.
MR. RAMESH YALLAPPA MOTEKAR, AGE: 64 YEARS, OCC: RETIRED, R/O. RAMATERTH NAGAR, GANESH CIRCLE, K.E.B ROAD, BELAGAVI- 590015.
MR. CHINTAPPA DEVAPPA KURKURE, AGE: 62 YEARS, OCC: RETIRED, R/O. KLABHAVI, BAILHONGAL, BELAGAVI-591102.
MR. JAYARAJ HONNUR, AGE: 63 YEARS, OCC: RETIRED, R/O. PLOT NO.1011, CTS NO. 4789, RAMATERTH NAGAR, VTC, BELAGAVI-590015.
MR. RATAN RAMACHANDA MULE, AGE: 63 YEARS, OCC: RETIRED, R/O. MARUTI GALLI, SHAVTI, BADAVANE, KHASBHAG, BELAGAVI-590003. - 6 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR
6. MR. MALLAPPA MUTTAPPA KULLUR, AGE: 62 YEARS, OCC: RETIRED, R/O. SAPNA NIVAS, KESHAV NAGAR, VADAGAON, BELAGAVI-590005.
7. MR. MANOHAR NANA SULEBHAVI, AGE: YEARS, OCC: RETIRED, R/O. RAMDEVGALLI, YELLUR, BELAGAVI-590005.
8. MR. ANIL SHIVAJI MOHITE, AGE: 63 YEARS, OCC: RETIRED R/O. NO.218/3, BALEKUNDRI KH, BELAGAVI-591103.
9. MR. BASAVARAJ VEERAPPA KAGALAGOMB, AGE: 63 YEARS, OCC: RETIRED, R/O. 3252, NEAR UDAYA SCHOOL, RAMATERTH NAGAR, BELAGAVI-590015.
10. MR. ASHOK SADEPPA PUJARI, AGE: 63 YEARS, OCC: RETIRED, R/O. PLOT NO.112, LOHAR GALLI, ANUGOL, BELAGAVI-590006.
11. MR. RAVI SHIVALINGAPPA GOKAK, AGE: 63 YEARS, OCC: RETIRED, R/O. RAMATERTH NAGAR, GANESH CIRCLE, K.E.B ROAD, BELAGAVI-590015.
12. MR. ISWAR BASAYYA MATAPATI AGE: 62 YEARS, OCC: RETIRED, R/O. H.NO.3578, HOUSING COLONY, SANKESHWAR, TAL: HUKKERI, BELAGAVI–591313.
13. MR. YALLAPPA DEMAPPA DALAWAI, AGE: 62 YEARS, OCC: RETIRED, R/O. 123, HUGAR ONI, YARZARVI, SAVADATTI, BELAGAVI-591126. - 7 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR
14. MR. BASAYYA CHANNABASAYYA HIREMATH, AGE: 63 YEARS, OCE: RETIRED, R/O. NO.14, II MAIN, 5TH CROSS, DOOR NO.F-1. BILAGI RESIDENCY, SADASHIV NAGAR, BELAGAVI-590019.
15. MR. ANAND HUVANNAVAR, AGE: 64 YEARS, OCC: RETIRED, R/O. H.NO.310, SARVODAYA HOSING COLONY, HINDAWADI, BELAGAVI-590011.
16. MR. DURGAN NAGAPPA KAMBLE, AGE: 62 YEARS, OCC: RETIRED, R/O. H. NO.342/A, AMBEDKAR GALLI, KANGRALLI BK, BELAGAVI-590010.
17. MR. RAMESH MANOHAR GORE, AGE: 62 YEARS, OCC: RETIRED, R/O. PLOT NO.207, 2ND MAIN, 1 CROSS, SAI JYOTI APARTMENT, SADASHIV NAGAR, BELAGAVI-590019.
18. MR. ANANT VADIRAJ TADAKOD, AGE: 62 YEARS, OCC: RETIRED, R/O. 1087, ANANTH SHYANA GALLI, BELAGAVI-590001.
19. MR. SHASHIDAR HANUMANTH BERATHNAV, AGE: 64 YEARS, OCC: RETIRED, R/O. PLOT NO.12, PARVATI LAYOUT, SHIVATEERTH COLONY, MAHANTESH NAGAR, BELAGAVI-590016.
20. MR. MOHAN GURULINGAPPA MUNAVALLI, AGE: 64 YEARS, OCC: RETIRED, R/O. BUDA PLOT NO.267/E, SAYAHADRI NAGAR, BOXITE ROAD, BELAGAVI-591108.
21. MR. SURYAKANTH RAJARAM BANKAPURE, AGE: 63 YEARS, OCC: RETIRED, - 8 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR R/O. PLOT NO.1709, SUMATI NARAYAN NILAYA, ANJANEYA NAGAR, BELAGAVI-590016.
22. MR. NARAYAN PARASHURAM MANDOLKAR, AGE: 62 YEARS, OCC: RETIRED, R/O. PLOT NO.9937/A 1ST MAIN, 2ND CROSS, SHIVAJI NAGAR, BELAGAVI-590016.
23. MR. YALLAPPA TIPPANNA BANKI, AGE: 62 YEARS, OCC: RETIRED, R/O. KUNNAL, RAMDURGA, BELAGAVI-591114. 24 MR. SIDDAPPA TAMMANNA SHABANNAVAR, AGE: 63 YEARS, OCC: RETIRED, R/O. A/PO. MUDALAGI, GOKAK, BELAGAVI-591218. (BY SRI.SOURABH HEGDE, ADVOCATE) …RESPONDENTS THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED
23.11.2024, IN WP NO.106511/2024 (S-KSRTC), IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION AND APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 9 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) These matters consist of writ appeal filed by the NWKRTC calling in question correctness of the order passed by the learned Single Judge in disposing of the writ petition, whereby, writ of mandamus was issued directing the NWKRTC to pay interest at the rate of 9% p.a. on the belated payment towards Leave Encashment benefit.
Operative part
2. The operative portion of the directions passed in the writ petition, which are identical in nature in all of the writ petitions is extracted as below: i. ii.
ORDER The petition is allowed in part. A writ of mandamus is issued directing the respondent corporation to pay interest at the rate of 9% per annum on the belated payment towards encashment benefit on the basis of the representation submitted by the petitioners No.2 to 12 and 14 to 26, from the date of their retirement till the actual date of payment made by the respondent corporation. iii. This amount shall be paid within a period of eight weeks from the date of receipt of a copy of this order. - 10 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR iv. If the said amount is not paid within a period of eight weeks at the rate of 9% per annum, the interest would have to be paid at 12% per annum thereafter.
3. The contempt petitions have been filed by five of the workmen and are numbered separately contending disobedience of the direction passed in the writ petition.
4. Both parties had made efforts for settlement through mediation and have arrived at an amicable settlement for resolution of the dispute.
5. Learned counsel appearing for the NWKRTC would submit that this settlement is being entered into by the NWKRTC in the light of the peculiar facts of the present batch of petitions and the settlement arrived at is not to be treated to be a precedent in other matters. Both parties have agreed to the terms during mediation. The terms of joint memo of settlement is as under:
1. The Appellant/Corporation in the aforementioned Writ appeals is calling in question the order passed by the learned Single Judge directing the Appellant/Corporation to pay interest @ 9% p.a on the belated payment towards Leave Encashment benefits within 8 weeks failing which the rate of interest would be increased to 12%. - 11 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR
2. During pendency of the above writ appeals parties have settled the issue involved in the present writ appeals in following terms and condition in order put an end to the litigation. a. The Appellant/Corporation though questioned the order passed by the Learned Single Judge, has agreed to pay interest at 7% p.a on the belated payment towards Leave Encashment benefits. The Appellant/Corporation has calculated the interest @ 6% and has handed over the cheques to the counsel for the respondents, which are drawn in the name of the respondents separately. The counsel for the respondent has agreed and has received the cheques. b. The Appellant/corporation undertakes to pay the remaining 1% interest within 4 weeks. c. If the Management doesn’t abide by the aforesaid conditions, this order can be executed by filling appropriate proceedings before the court of law. d. The above settlement and terms agreed upon is in accordance with law and do not offend any law of the land. It is fair and reasonable settlement in the interest of both parties and this settlement is arrived at between the parties due to the peculiar facts and circumstances of the case. WHEREFORE, the parties to the proceedings pray to dispose of the matter in the aforementioned terms and conditions, in the ends of justice and equity. - 12 - NC: 2025:KHC-D:11501-DB CCC No. 100208 of 2025 C/W WA No. 100532 of 2025 HC-KAR
6. In terms of the mediation report and the joint memo, the contempt proceedings are dropped and the writ appeal is disposed off.
7. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 2 Sl No.: 1
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed in part
Which statutory provisions did this judgment involve?
Contempt of Courts Act, 1971 — ss. 11, 12; Constitution of India — art. 215.
Which court decided this case, and when?
Karnataka High Court, on 08 Sep 2025. The bench was S SUNIL DUTT YADAV, VIJAYKUMAR A PATIL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.