VIRENDRA SUNIL BAGLE vs APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

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HC-KAR
NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


CNR: KAHC010273132020







IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 8 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

WRIT PETITION NO. 11433 OF 2020 (L-PF)

C/W

WRIT PETITION NO. 11421 OF 2020 (L-PG)

WRIT PETITION NO. 11444 OF 2020 (L-PF)



IN WP NO. 11433/2020

BETWEEN:

GULAB RAJARAMJI TALE
S/O RAJARAM TALE
AGED ABOUT 64 YEARS
R/AT PLOT NO.158 NEW MALGINAGAR
NAGPUR-440024.
…PETITIONER
(BY SRI. S SUSHANT VENKATESH PAI., ADVOCATE)






AND:

1. APPELLATE AUTHORITY UNDER THE PAYMENT OF
GRATUITY ACT 1972 AND DEPUTY CHIEF
LABOUR COMMISSIONER (C) BANGALORE
RD RD
SHRAM SADAN, 3 CROSS, 3 MAIN
TUMKUR ROAD, YESHWANTHPUR
BENGALURU-560022.

2. CONTROLLING AUTHORITY
UNDER THE PAYMENT OF GRATUITY ACT 1972
AND ASSISTANT LABOUR COMMISSIONER
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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(C) HUBLI, CTS NO.2773/4B
OPP HDMC PARK, LAST BUS STOP BHAVANI NAGAR
HUBLI-580023.

3. ANURAG PADMESH GUPTA
S/O PADMESH GUPTA
AGED ABOUT 31 YEARS
R/AT H NO.1 190 HARI NIKUNJ
MUSEUM ROAD CIVIL LINES
NAGPUR, MAHARASHTRA-440001.

4. VIRENDRA SUNIL BAGLE
S/O SUNIL BAGLE
AGED ABOUT 37 YEARS
R/ AT NEAR DAVE NO.106 BAGLE
NIVAS KELI BAG ROAD
HYDERABAD BANK
MAHAL NAGPUR-440002.

5. NIJALINGAPPA
S/O GOVINDAPPA
AGED ABOUT 64 YEARS
R/AT NAGENAHALLI POST
BAGUR TALUKA HOSADURGA
CHITRADURGA -577 515.

6. KRISHNAPPA
S/O SIDDAPPA
AGED ABOUT 64 YEARS
R/AT AGASARAHALLI POST
NAGATIHALLI TALUKA
HOSADURGA CHITRADURGA-577527.

7. JAYANNA
S/O NINGAPPA
AGED ABOUT 61 YEARS
R/AT KANCHIPURA TALUKA
HOSADURGA CHITRADURGA -577 533.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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8. BASAVARAJU M
S/O N M MAHANTAYYA
AGED ABOUT 57 YEARS
R/AT SOMALAPURA TALUKA
GUBBI TUMKUR-572222.

9. RAVINDRANATH
AGED MAJOR
R/ AT NO.9 VIJAYA BANK
UPSTAIRS, BROADWAY
HUBLI-580020.

10. T S MARUTI
S/O S K SHIVALINGAPPA
AGED ABOUT 49 YEARS
R/AT MARUTHI NILAYA BEHIND
VEERABHADRESHWARA SWAMY TEMPLE
HULIYAR ROAD HOSADURGA
CHITRADURGA-577 527.

11. N C MELAPPA
S/O CHIKKARANGAPPA
AGED ABOUT 62 YEARS
R/AT MADADAKERI TALUKA
HOSADURGA CHITRADURGA-577527.
SINCE DEAD BY HIS LRS.

11(A) SMT. LALITHAMMA
W/O LATE N C MELAPPA
AGED ABOUT 63 YEARS
R/AT MADAKERE, P.O
MADAKERE DISTRICT, CHITRADURGA
KARNATAKA-577527.

11(B) SRI DARSHAN M
S/O LATE N C MELAPPA
AGED ABOUT 25 YEARS
R/AT MADAKERE P.O
MADAKERE DISTRICT CHITRADURGA
KARNATAKA-577527.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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12. H D THIMAPPA
S/O HUCHAPPA
AGED ABOUT 62 YEARS
R/AT KACHAVARA POST
KAPPAGERE TALUKA
HOSADURGA DISTRICT
CHITRADURGA -577527.

13. N KANTARAJA
S/O NARASIMHAIAH
AGED ABOUT 55 YEARS
R/AT SIRIGONDANAHALLY POST
DODDA TEKKALVATTY HOBLI
MATHODU TALUKA
HOSADURGA CHITRADURGA-577 533

ALSO AT:
RESPONDENT NOS.5 TO 13
C/O.SRI M.RAMA RAO
PRESIDENT,
ALL BANK DAIRY DEPOSIT COLLECTORS
ASSOCIATION, NO.9
VIJAYA BANK, UPSTAIRS
BROADWAY, HUBLI – 580 020.
… RESPONDENTS
(BY SRI. JEEVAN K.,CGC, FOR R1 & R2:
SMT. KUSUM RANGANATH, ADVOCATE FOR R5 TO R13:
NOTICE NOT ORDERED IN RESPECT OF R3 & R4
V/O DATED: 18.11.2020)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
QUASH THE IMPUGNED ORDER DATED 03.07.2020 PASSED BY
THE R-1 IN APPEAL NO.36 (119-127) / 2019/B1 U/S 7(7) OF
THE PAYMENT OF GRATUITY ACT, 1972 R/W RULE 18 OF THE
PAYMENT OF GRATUITY (CENTRAL) RULES, 1972 AT
ANNEXURE-A AND ALL PROCEEDINGS PURSUANT THERETO
AND ETC.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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IN WP NO. 11421/2020
BETWEEN:
1. ANURAG PADMESH GUPTA AKA ANURAG GUPTA
S/O PADMESH GUPTA
AGED ABOUT 31 YEARS
R/AT H NO.1, 190, HARI NIKUNJ
MUSEUM ROAD, CIVIL LINES
NAGPUR, MAHARASHTRA-440001
...PETITIONER
(BY SRI. S SUSHANT VENKATESH PAI.,ADVOCATE)
AND:
1. APPELLATE AUTHORITY UNDER THE PAYMENT OF
GRATUITY ACT, 1972
AND DEPUTY CHIEF LABOUR COMMISSIONER (C)
RD
BANGALORE, SHRAM SADAN, 3 CROSS
RD
3 MAIN, TUMKUR ROAD, YESHWANTHPURA
BENGALURU-560022.

2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF
GRATUITY ACT, 1972
AND ASSISTANT LABOUR COMMISSIONER (C)
HUBLI, CTS NO.2773/4B, OPP-HDMC PARK
LAST BUS STOP BHAVANI NAGAR
HUBLI-580023.

3. VIRENDRA SUNIL BAGLE
S/O OF SUNIL BAGLE
AGED ABOUT 37 YEARS
R/AT NEAR DAVE, NO.106, BAGLE NIVAS
KELI BAG ROAD, HYDERABAD BANK
MAHAL, NAGPUR-440002.

4. GULAB RAJARAMJI TALE
S/O RAJARAM TALE
AGED ABOUT 64 YEARS
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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R/ AT PLOT NO.158, NEW MALGINAGAR
NAGPUR-440024.

5. NIJALINGAPPA
S/O GOVINDAPPA
AGED ABOUT 64 YEARS
R/AT NAGENAHALLI POST
BAGUR TALUKA HOSADURGA
CHITRADURGA -577 515.

6. KRISHNAPPA
S/O SIDDAPPA
AGED ABOUT 64 YEARS
R/AT AGASARAHALLI POST
NAGATIHALLI TALUKA
HOSADURGA CHITRADURGA-577527.

7. JAYANNA
S/O NINGAPPA
AGED ABOUT 61 YEARS
R/AT KANCHIPURA TALUKA
HOSADURGA CHITRADURGA -577 533.

8. BASAVARAJU M
S/O N M MAHANTAYYA
AGED ABOUT 57 YEARS
R/AT SOMALAPURA TALUKA
GUBBI TUMKUR-572222.

9. RAVINDRANATH
AGED MAJOR
R/ AT NO.9 VIJAYA BANK
UPSTAIRS, BROADWAY
HUBLI-580020.

10. T S MARUTI
S/O S K SHIVALINGAPPA
AGED ABOUT 49 YEARS
R/AT MARUTHI NILAYA BEHIND
VEERABHADRESHWARA SWAMY TEMPLE
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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HULIYAR ROAD HOSADURGA
CHITRADURGA-577 527.

11. N C MELAPPA
S/O CHIKKARANGAPPA
AGED ABOUT 62 YEARS
R/AT MADADAKERI TALUKA
HOSADURGA CHITRADURGA-577527.
SINCE DEAD BY HIS LRS.

11(A) SMT. LALITHAMMA
W/O LATE N C MELAPPA
AGED ABOUT 63 YEARS
R/AT MADAKERE, P.O
MADAKERE DISTRICT, CHITRADURGA
KARNATAKA-577527.

11(B) SRI DARSHAN M
S/O LATE N C MELAPPA
AGED ABOUT 25 YEARS
R/AT MADAKERE P.O
MADAKERE DISTRICT CHITRADURGA
KARNATAKA-577527.

12. H D THIMAPPA
S/O HUCHAPPA
AGED ABOUT 62 YEARS
R/AT KACHAVARA POST
KAPPAGERE TALUKA
HOSADURGA DISTRICT
CHITRADURGA -577527.

13. N KANTARAJA
S/O NARASIMHAIAH
AGED ABOUT 55 YEARS
R/AT SIRIGONDANAHALLY POST
DODDA TEKKALVATTY HOBLI
MATHODU TALUKA
HOSADURGA CHITRADURGA-577 533

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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ALSO AT:
RESPONDENT NOS.5 TO 13
C/O.SRI M.RAMA RAO
PRESIDENT,
ALL BANK DAIRY DEPOSIT COLLECTORS
ASSOCIATION, NO.9
VIJAYA BANK, UPSTAIRS
BROADWAY, HUBLI – 580 020.

…. RESPONDENTS
(BY SRI. JEEVAN K.,CGC, FOR R1 & R2:
SMT. KUSUM RANGANATH, ADVOCATE FOR R5 TO R13:
NOTICE NOT ORDERED IN RESPECT OF R3 & R4
V/O DATED: 18.11.2020)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
QUASH THE IMPUGNED ORDER DATED 03.07.2020 PASSED BY
THE R-1 IN APPEAL NO.36 (119-127) /2019/B1 U/S 7(7) OF
THE PAYMENT OF GRATUITY ACT, 1972 R/W RULE 18 OF THE
PAYMENT OF GRATUITY (CENTRAL) RULES, 1972 AT
ANNEXURE-A AND ALL PROCEEDINGS PURSUANT THERETO
AND ETC.
IN WP NO. 11444/2020
BETWEEN:
VIRENDRA SUNIL BAGLE
S/O OF SUNIL BAGLE
AGED ABOUT 37 YEARS
R/AT NEAR DAVE, NO.106, BAGLE NIVAS
KELI BAG ROAD, HYDERABAD BANK
MAHAL, NAGPUR-440002.

...PETITIONER
(BY SRI. S SUSHANT VENKATESH PAI.,ADVOCATE)
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


CNR: KAHC010273132020


AND:
1. APPELLATE AUTHORITY UNDER THE PAYMENT OF
GRATUITY ACT, 1972
AND DEPUTY CHIEF LABOUR COMMISSIONER (C)
RD
BANGALORE, SHRAM SADAN, 3 CROSS
RD
3 MAIN, TUMKUR ROAD, YESHWANTHPURA
BENGALURU-560022.

2. CONTROLLING AUTHORITY UNDER THE PAYMENT OF
GRATUITY ACT, 1972
AND ASSISTANT LABOUR COMMISSIONER (C)
HUBLI, CTS NO.2773/4B, OPP-HDMC PARK
LAST BUS STOP BHAVANI NAGAR
HUBLI-580023.

3. ANURAG PADMESH GUPTA AKA ANURAG GUPTA
S/O PADMESH GUPTA
AGED ABOUT 31 YEARS
R/AT H NO.1, 190, HARI NIKUNJ
MUSEUM ROAD, CIVIL LINES
NAGPUR, MAHARASHTRA-440001.

4. GULAB RAJARAMJI TALE
S/O RAJARAM TALE
AGED ABOUT 64 YEARS
R/ AT PLOT NO.158, NEW MALGINAGAR
NAGPUR-440024.

5. NIJALINGAPPA
S/O GOVINDAPPA
AGED ABOUT 64 YEARS
R/AT NAGENAHALLI POST
BAGUR TALUKA HOSADURGA
CHITRADURGA -577 515.

6. KRISHNAPPA
S/O SIDDAPPA
AGED ABOUT 64 YEARS
R/AT AGASARAHALLI POST
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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NAGATIHALLI TALUKA
HOSADURGA CHITRADURGA-577527.

7. JAYANNA
S/O NINGAPPA
AGED ABOUT 61 YEARS
R/AT KANCHIPURA TALUKA
HOSADURGA CHITRADURGA -577 533.

8. BASAVARAJU M
S/O N M MAHANTAYYA
AGED ABOUT 57 YEARS
R/AT SOMALAPURA TALUKA
GUBBI TUMKUR-572222.

9. RAVINDRANATH
AGED MAJOR
R/ AT NO.9 VIJAYA BANK
UPSTAIRS, BROADWAY
HUBLI-580020.

10. T S MARUTI
S/O S K SHIVALINGAPPA
AGED ABOUT 49 YEARS
R/AT MARUTHI NILAYA BEHIND
VEERABHADRESHWARA SWAMY TEMPLE
HULIYAR ROAD HOSADURGA
CHITRADURGA-577 527.

11. N C MELAPPA
S/O CHIKKARANGAPPA
AGED ABOUT 62 YEARS
R/AT MADADAKERI TALUKA
HOSADURGA CHITRADURGA-577527.
SINCE DEAD BY HIS LRS.

11(A) SMT. LALITHAMMA
W/O LATE N C MELAPPA
AGED ABOUT 63 YEARS
R/AT MADAKERE, P.O
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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C/W WP No. 11421 of 2020
WP No. 11444 of 2020


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MADAKERE DISTRICT, CHITRADURGA
KARNATAKA-577527.

11(B) SRI DARSHAN M
S/O LATE N C MELAPPA
AGED ABOUT 25 YEARS
R/AT MADAKERE P.O
MADAKERE DISTRICT CHITRADURGA
KARNATAKA-577527.

12. H D THIMAPPA
S/O HUCHAPPA
AGED ABOUT 62 YEARS
R/AT KACHAVARA POST
KAPPAGERE TALUKA
HOSADURGA DISTRICT
CHITRADURGA -577527.

13. N KANTARAJA
S/O NARASIMHAIAH
AGED ABOUT 55 YEARS
R/AT SIRIGONDANAHALLY POST
DODDA TEKKALVATTY HOBLI
MATHODU TALUKA
HOSADURGA CHITRADURGA-577 533

ALSO AT:
RESPONDENT NOS.5 TO 13
C/O.SRI M.RAMA RAO
PRESIDENT,
ALL BANK DAIRY DEPOSIT COLLECTORS
ASSOCIATION, NO.9
VIJAYA BANK, UPSTAIRS
BROADWAY, HUBLI – 580 020.
… RESPONDENTS
(BY SRI. JEEVAN K.,CGC, FOR R1 & R2:
SMT. KUSUM RANGANATH, ADVOCATE FOR R5 TO R13:
NOTICE NOT ORDERED IN RESPECT OF R3 & R4
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
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WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


CNR: KAHC010273132020


V/O DATED: 18.11.2020)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE COSNTITUTION OF INDIA PRAYING TO-
QUASH THE IMPUGNED ORDER DATED 03.07.2020 PASSED BY
THE R-1 IN APPEAL NO.36 (119-127) / 2019/B1 U/S 7(7) OF
THE PAYMENT OF GRATUITY ACT, 1972 R/W RULE 18 OF THE
PAYMENT OF GRATUITY (CENTRAL) RULES, 1972 AS AT
ANNEXURE-A AND ALL PROCEEDINGS PURSUANT THERETO
AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER
These writ petitions are filed under Articles 226 and
227 of the Constitution of India, challenging the orders
passed by the appellate authority as well as the controlling
authority under the Payment of Gratuity Act, 1972.
2. After the service of notice, the parties have settled
the matter and filed a Joint Compromise Petition under
Order XXIII Rule 3 of the Code of Civil Procedure, 1908.
The compromise petition is signed by the parties. The
parties are present before this Court, they and their
signatures are identified by their respective learned
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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advocates. They state that they have entered into the
settlement out of their volition and without duress from
anybody and they have settled the matter in terms of the
compromise petition. The compromise petition is extracted
below:
“JOINT COMPROMISE PETITION FILED UNDER
ORDER XXIII RULE 3 OF THE CODE OF CIVIL
PROCEDURE, 1908

The Petitioner and Respondent No.5 & 13 above
named most respectfully submits as under:

1. The Petitioner, Respondent No.3 and
Respondent No.4, are former Directors of M/s
Suvarna Karnataka Cements Private Limited
(hereinafter referred to as "the Company"). The
Respondent Nos. 5 to 13 are the former workmen of
M/s Suvarna Karnataka Cements Private Limited, had
instituted proceedings against the
Employer/petitioner in Appeal No.36 (119-
127)/2019/B1 before the 1st Respondent and in case
Nos. 48/23/17-AH, 48/24/17-AH, 48/25/17-AH,
48/26/17-AH,48/27/17-AH, 48/28/17-H, 48/29 /17-
AH, 48/30/17-AH, 48/31/17-AH before 2nd
Respondent and connected proceedings which are
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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the subject matter of the present petition along with,
W.P. No. 11444/2020, and W.P. No. 11433/2020
pending before this Hon'ble Court. The Respondent
No.3 and 4 are Petitioner in W.P. No. 11444/2020,
and W.P. No. 11433/2020. Thus this compromise
petition is accordingly filed and be treated as joint
petition for all three connected matters pending
before this Hon'ble High Court .

2. The Petitioner, and Respondent Nos. 3 to 13,
without admission of liability by any side, are
desirous of amicably and finally settling all disputes
between them, including the proceedings before
Respondent Nos. 1 and 2 and this Writ Petition and
the connected Writ Petitions, on the following terms.
Respondent Nos. 1 and 2, being the statutory
authorities whose orders are impugned herein, are
not parties to this settlement and are not required to
be signatories hereto.

TERMS OF COMPROMISE
3. The employment relationship between each of
Respondent Nos. 5 to 13 and the Company shall
stand terminated with immediate effect.

4. The Petitioner, along with Respondent No. 3,
and Respondent No.4 (the former Directors) agree to
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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pay each of Respondent Nos.5 to 13 a sum of
Rs.2,00,000/-(Rupees Two Lakhs Only), aggregating
to sum of Rs. 18,00,000/- (Rupees Eighteen Lakhs
Only)in full and final settlement of all claims.

5. The first tranche for sum of Rs. 1,50,000/-
(Rupees One Lakh Fifty Thousand Only) per
employee has been be paid on 05.09.2026 via
Cheque as morefully detailed herein below, to each
of the Respondent Nos. 5to13 and they have duly
acknowledged the receipt of the same:
Sl. Employee Name Cheque SBI
No. Amount Rs. Kanchipura
Branch
Cheque No.
01 Nijalingappa 1,50,000 154162
02 Krishnappa 1,50,000 154163
03 Jayanna 1,50,000 154164
04 Basavaraju M 1,50,000 154165
05 Ravindranath 1,50,000 154166
06 T S Maruti 1,50,000 154167
07 Smt. Lalithamma 75,000 154168
Sri Darshan M 75,000 154169
08 H D Thimappa 1,50,000 154170
09 N Kantaraja 1,50,000 154171

6. The second and final tranche of Rs.
50,000/- (Rupees Fifty Thousand Only) per
employee is being paid on 19.08.2026 to the
Respondent Nos. 5 to 13, via the following account
:
payee Cheques

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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Sl. Employee Name Cheque SBI
No. Amount Rs. Kanchipura
Branch
Cheque No.
01 Nijalingappa 50,000 154152
02 Krishnappa 50,000 154153
03 Jayanna 50,000 154154
04 Basavaraju M 50,000 154155
05 Ravindranath 50,000 154156
06 T S Maruti 50,000 154157
07 Smt. Lalithamma 25,000 154158
Sri Darshan M 25,000 154159
08 H D Thimappa 50,000 154160
09 N Kantaraja 50,000 154161

7. The Respondent Nos.5 to13 also under take
to withdraw the pending cases they have filed
before the Central Government Industrial Tribunal,
Bengaluru bearing ID's Nos. 05/19, 06/19, 07/19,
08/19, 09/19, 10/19, 20/17 & 21/17, within five
weeks from the date of this Compromise Petition
and hand over the certified copy of the order of
disposal to the Petitioner, as soon as receipt of the
same.

8. In lieu of the consideration mentioned
above, the Respondent Nos. 5-13 undertake to
unconditionally withdraw all cases filed and claims
made by them before any court / tribunal / quasi-
judicial authority / government or before any other
forum whatsoever.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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9. Further the Respondent Nos. 5 to 13
undertakes to release and discharge the Petitioner,
Respondent No.3, Respondent No.4, and the
Liquidator from any and all claims, demands, and
causes of action, whether known or unknown,
arising out of or relating to their respective
employment with M/s Suvarna Karnataka Cements
Private Limited and the proceedings referred to
above.

10. The Respondent Nos.5 to 13 hereby states
that there would be no objection to the sale of the
assets of the cement plant owned by M/s Fortune
Industry (formerly M/s Suvarna Karnataka Cements
Private Limited), and to the renewal or transfer of
the forest lease in favour of M/s Fortune Industry
from M/s Suvarna Karnataka Cements Private
Limited.

11. The Respondents No 5 to 13 undertakes not
to disparage any of the employees or Directors of
M/s Fortune Industry (formerly M/s Suvarna
Karnataka Cements Private Limited).

12. The Respondent Nos. 5-13 further
undertake not to interfere with and / or otherwise
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


CNR: KAHC010273132020


disturb the business operations of M/s Fortune
Industry, either directly or indirectly.

13. Upon completion of the actions in Clause
(4) & (5) above, the parties hereby confirm, affirm,
acknowledge and declare that they have no further
claims of whatsoever nature against each other.
The completion of the actions detailed in Clauses
(4) & (5) above is a full and final settlement of all
the claims by the Respondent Nos. 5-13 against the
Petitioner and the Respondent Nos. 3 & 4.

14. The terms of this compromise are binding
and irrevocable on the parties and their respective
heirs, assigns, successors-in-interest and anyone
else claiming through and / or under them and
have been entered into by the parties voluntarily.
The parties agree and understand that the breach
of this compromise will entitle the aggrieved party
to enforce its terms in accordance with law.

15. The Respondent Nos. 5-13 confirm that
they have no further claims against the Petitioner,
Respondent Nos. 3 & 4 as well as M/s Fortune
Industry (formerly M/s Suvarna Karnataka Cements
Pvt. Ltd.) and undertake not to make any
disparaging / defamatory statements against the
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


CNR: KAHC010273132020


against the Petitioner, Respondent Nos. 3 & 4 as
well as M/s Fortune Industry (formerly M/s Suvarna
Karnataka Cements Pvt. Ltd.) at any point in time,
either by word-of-mouth or through any physical /
electronic / digital means / platforms /media.

16. The Petitioner and Respondent Nos. 3 to
13 hereby jointly and respectfully pray that this
Hon'ble Court may be pleased to take this
Compromise Petition on record and dispose of this
Writ Petition in terms of this Compromise Petition.

17. The Petitioner & Respondent Nos. 3-13
further pray that the Writ Petition Nos. 11433/2020
& 11444/2020 may also be disposed in terms of
this Compromise Petition as it arises out of the
same cause of action between the same parties
herein.

WHEREFORE, it is most respectfully prayed
that this Hon'ble Court may be pleased to take this
JOINT COMPROMISE PETITION on record and
DISPOSE OF W.P. No. 11421/2020, in terms of this
Compromise Petition, in the interests of justice and
equity.”

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

- 20 -
HC-KAR
NC: 2026:KHC:56601
WP No. 11433 of 2020
C/W WP No. 11421 of 2020
WP No. 11444 of 2020


CNR: KAHC010273132020


3. This Court, after being satisfied with the terms of
the compromise petition, passes the following order:

a) The writ petitions are disposed of in terms of
the compromise petition.

b) The compromise petition filed under Order
XXIII Rule 3 of Code of Civil Procedure, 1908 is
ordered to be treated as part and parcel of this
order.

c) The Registry is directed to draw the decree in
terms of the compromise petition.

d) The Registry is directed to refund the entire
court fee in favour of the petitioners, after due
verification.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA
(H.T. NARENDRA PRASAD)
JUDGE



CM

LIST NO.: 1 SL NO.: 80