(BY SRI. LINGRAJ MARADI, ADVOCATE) v. (BY Ms. VIDYASHRI N. MULIMANI, ADVOCATE)

(BY SRI. LINGRAJ MARADI, ADVOCATE) …PETITIONER AND:

ATTARFERVIZ MODINSAB MATTESABANNAVAR, SINCE DECEASED REP BY HIS LRS 1A. MUNIR FATHIMA W/O ATTARFERVIZ MATTESABANNAVAR, AGE: 51 YEARS, OCC: HOUSEHOLD, 1B. AYISHA W/O SHANAWAZ TIGDOLLI, AGE: 28 YEARS, OCC: HOUSEHOLD, 1C. MOBSHIRIN W/O SALIM DHOBI AGE: 24 YEARS, OCC: HOUSEHOLD, 1D. SAHIL S/O ATTARFERVIZ MATTESABANNAVAR, AGE: 22 YEARS, OCC: STUDENT, ALL ARE R/O: KIRESUR VILLAGE, HUBBALLI, DIST: DHARWAD. (BY Ms. VIDYASHRI N. MULIMANI, ADVOCATE) …RESPONDENTS 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER ON ISSUE NO:1 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGLAKOTE IN ID.NO.6/2015 VIDE ANNEXURE-D DATED 02-11-2018 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The petitioner – Corporation is before this Court seeking a writ of certiorari to set aside the orders dated 02.11.2018 and 04.09.2023 passed by the Principal District and Sessions Judge, Bagalkote in I.D.No.6/2015, whereunder the order of dismissal of the respondent/workman dated 17.3.2007 passed by the Corporation was set-aside and the Corporation was directed to reinstate the workman into service with continuity of service and other consequential benefits.

The parties to the lis have amicably resolved their dispute before the Lok Adalat and to 3 that effect, they have filed joint memo of settlement. The joint memo of settlement reads as under: “This case has been referred to Lok Adalath by the Hon'ble High Court under Sec.20 of the Legal Services Authorities Act, 1987. The Parties to the Petition have settled their claims before the Lok Adalath on the following terms;-

1. The Petitioner Corporation has challenged the legality and correctness of the orders of the District Court, Bagalkote in ID No.06/2015. On detailed adjudication, the District Court directed the Corporation to re-instate the workman back into service with continuity of service and other consequential benefits and 50% back wages, by order dated 04-09-2023. Being aggrieved with the said orders, the Corporation filed the present WP No.105388/24. On detailed discussions both the petitioner and Respondent and their counsels have decided to enter into compromise on the following terms :-

2. The workman has reached the age of superannuation on 30-04-2020 and died on 26- 01-2024. Now, the question of reinstatement doesn't arise.

The LRs of the deceased has been brought on record and ready to settle the matter before Lok adalth with amicable with following terms. 4

The Petitioner Corporation agreed to pay terminal benefits with only continuity of service.

The LRs of the deceased has agreed to forgo the 50% back wages as awarded by the District Court Bagalkote.

The petitioner / Corporation has agreed to pay the terminal benefits within 8 Weeks from the date of receipt of the certified copy of award.

The settlement has been entered into in the interest of both the parties and without any duress or force. The settlement is fair, legal and reasonable also. WHEREFORE, the parties respectfully pray that this Hon'ble Court may pleased to dispose of the matter in terms of the settlement recorded herein, in the interest of justice and equity.”

3. The said joint memo of settlement is placed on record.

4. The LRs of deceased workman are on record.

5. Accordingly, writ petition stands disposed of in terms of the settlement arrived at between the petitioner –Corporation and the respondents – LRs of deceased workman. 5

6. The petitioner - Corporation shall pay terminal benefits with the continuity of service only. The LRs of deceased workman would not be entitled for any back wages.

7. The petitioner – Corporation shall pay terminal benefits within eight weeks from the date of receipt of certified copy of this order. Sd/- JUDGE Sd/- MEMBER CT:VP 6 7