Disposed

The Divisional Controller v. Sri S N Dasegowda

Karnataka HC15 Jun 2023WP/46032/2016

Case brief

AI extract

What is this about?

A writ petition challenging a Labour Court award was settled via a joint memo before the High Court Lok Adalat. The court disposed of the petition based on an agreement reinstating the workman with reduced benefits.

What did the court decide?

Writ petition disposed of; Petitioner directed to reinstate respondent with continuity of service, without back wages, and reduced by 5 incremental stages.

The Divisional Controller Vs Sri S N Dasegowda — Service and Employment | Karnataka HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JUNE, 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA

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Ms. M.R.RASHMI, MEMBER

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WP.No 46032/2016(L KSRTC)

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(Lok Adalat No.1419/2023)

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BETWEEN:

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THE DIVISIONAL CONTROLLER, B.M.T.C. SOUTH DIVISION, SHANTHINAGARA, BANGALORE - 560 027, HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, B.M.T.C., CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BANGALORE - 560 027.

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...PETITIONER

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(BY SRI. B.L SANJEEV, ADVOCATE)

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AND:

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SRI. S. N. DASEGOWDA, S/O LATE NARASIMHAIAH, AGED ABOUT 43 YEARS, R/O BASAVANAGUDI VILLAGE,

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ANTHARAGANGE POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT.

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…RESPONDENT (BY SRI. KANTHARAJA V, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE PROCEEDINGS OF THE III ADDL. LABOUR COURT, BANGALORE PERTAINING TO REF.NO.23/2015 WHICH HAS CULMINATED IN ITS AWARD DATED 29.3.2016 VIDE ANNEX-C AND ETC.,

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THIS PETITION IS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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Learned counsel for the petitioner and learned counsel for the respondent have filed a joint memo duly signed in the presence of BMTC Law officer and the workman and they have agreed to the terms of Joint Memo. The said joint memo reads as under:

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"The Writ Petition is filed challenging the award dtd.29-032016, passed by the Labour Court, Bangalore in Ref-23/2015. The Writ Petition has been referred to the Lok-Adalat by the Hon'ble High Court U/S 20 of the Legal Services Authorities Act 1987. Both parties to the petition have settled their claim before the Lok-Adalat on the following terms as below.

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The petitioner to reinstate the respondent into service with continuity service without Consequential benefit without back

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wages, and to reduce the 5 incremental stages with cumulative effect. The parties to this petition have set their hands to this settlement before the Lok-Adalat in the presence of Conciliations on this at Bengaluru Bench".

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In view of the joint memo filed, parties have settled the dispute in terms of joint memo. The joint memo would be filed in part and parcel of this order.

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Accordingly, the writ petition is disposed of in terms of the joint memo.

Sd/JUDGE

Sd/MEMBER

FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WRIT PETITION. No. 46032/2016 (LOK ADALATH NO. 1419/2023)

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BETWEEN :

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THE DIVISIONAL CONTROLLER BMTC ... Petitioner

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AND : Sri. S.N. Dasegowda ... Respondent

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JOINT MEMO

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The Writ Petition is filed challenging the award dtd.29-03-2016, passed by the Labour Court, Bangalore in Ref-23/2015. The Writ Petition has been referred to the Lok-Adalat by the Hon’ble High Court U/S 20 of the Legal Services Authorities Act 1987. Both parties to the petition have settled their claim before the Lok-Adalat on the following terms as below.

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The petitioner to reinstate the respondent into service with continuity service without Consequential benefit without back wages, and to reduce the 5 incremental stages with cumulative effect. The parties to this petition have set their hands to this settlement before the Lok-Adalat in the presence of Conciliators on this at Bengaluru Bench.

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Sd/-

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SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT/S

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Sd/Sd/-

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ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT/S

The Divisional Controller v. Sri S N Dasegowda

Case brief

What is this about?

What did the court decide?

The Divisional Controller v. Sri S N Dasegowda

Case brief

What is this about?

What did the court decide?

What the court decided

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