Disposed

The Management Central Office v. Sri C Munirathnam

Karnataka HC14 Dec 2023WP/51438/2013

Case brief

AI extract

What is this about?

High Court settled a labour dispute between KSRTC and an ex-employee. The Court modified the Labour Court order per a joint memo for reinstatement without backwages and disposed of the writ petition.

What did the court decide?

Reinstatement of respondent with continuity of service without backwages; order modified per joint settlement memo; pay fixation directed within four weeks.

The Management Central Office Vs Sri C… — Pension and Retirement Benefits | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:45454 WP No. 51438 of 2013

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 14^TH DAY OF DECEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.51438 OF 2013 (L-KSRTC)

¶6

BETWEEN:

¶7

THE MANAGEMENT, CENTRAL OFFICE, KSRTC, SHANTINAGAR, K.H.ROAD, NOW REPRESENTED BY ITS THE CHIEF LAW OFFICER. K.S.R.T.C., SHANTHINAGAR, BANGALORE - 560 027.

¶8

…PETITIONER

¶9

(BY SMT. H.R.RENUKA., ADVOCATE)

¶10

AND:

¶11

SRI. C.MUNIRATHNAM S/O M.CHIKKATHAYAPPA, AGED ABOUT 45 YEARS, T.NO. 10039, V.DEPOT, K.S.R.T.C., BANGALORE, Digitally signed by THEJASKUMAR N (NOW DISMISSED FROM SERVICE) Location: HIGHCOURT OF R/AT BEHIND K.R.PURAM RAILWAY STATION, KARNATAKA NEAR MARIYAMMA TEMPLE, AMBEDKAR VEEDHI, VIJANPURA, BANGALORE - 560 036.

¶12

…RESPONDENT

¶13

(BY SMT. SHUBHA.S., ADVOCATE)

¶14

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

¶15

¶16

NC: 2023:KHC:45454 WP No. 51438 of 2013

¶17

THIS WRIT PETITION IS COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

¶18

ORDER

¶19

Smt.H.R.Renuka., learned counsel for the petitioner and Smt.Shubha.S., learned counsel for the respondent have appeared in person.

¶20

Learned counsel jointly submits that a joint memo

¶21

has been filed stating that the parties to the proceedings have agreed to settle the case. Counsel therefore, submits that the joint memo may be placed on record and the order dated:10.06.2013 passed by the III Addl. Labour Court, Bengaluru in Reference No.57/2011 may be modified in terms of the joint memo.

¶22

Submission is noted. Joint memo of settlement is placed on record. It reads as under:

¶23

"JOINT MEMO

¶24

The parties to the proceedings have agreed to settle the case, consequently the orders at Annexure-'O' dated:10.06.2013 passed by the III

¶25

¶26

NC: 2023:KHC:45454 WP No. 51438 of 2013

¶27

Addl. Labour Court, Bengaluru in Reference No.57/2011 may kindly be modified as under:

¶28

The petitioner Corporation to reinstate the respondent with continuity of service, without backwages and without consequential benefits from the date of dismissal i.e., 16.10.2009 till the date of actual reinstatement i.e., 30.12.2013. Continuity of service from 16.10.2009 to 30.12.2013 is extended only for purposes of terminal benefits, the respondent is not entitled for any monetary benefits from the date of dismissal till the date of actual reinstatement."

¶29

Sri.C.Munirathnam - the respondent is present before the Court and he has been duly identified by his counsel Smt.Shubha.S.

¶30

When queried by this Court, Sri.C.Munirathnam - the respondent submits that he has understood the contents of the joint memo and has agreed for the settlement.

¶31

Taking note of the joint memo, the order

¶32

dated:10.06.2013 passed by the III Addl. Labour Court, Bengaluru in Reference No.57/2011 vide Annexure-'O' is modified in terms of the joint memo.

¶33

¶34

NC: 2023:KHC:45454 WP No. 51438 of 2013

¶35

The pay fixation in terms of the joint memo should be carried out within four weeks from today. Consequent upon the pay fixation, arrears if any to be settled within three months from today.

¶36

As a result, the Writ Petition is disposed of .

¶37

Sd/JUDGE

¶38

TKN/MRP List No.: 1 Sl No.: 8

The Management Central Office v. Sri C Munirathnam

Case brief

What is this about?

What did the court decide?

The Management Central Office v. Sri C Munirathnam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lingaraju Vs Chief Traffic Manager

Karnataka State Road Vs Lingaraju

Dr B v Srinivasan Vs Sri N Veerabhadrappa

The Divisional Controller Vs Sri.J.Chandrashekar

Karnataka State Road Vs D.S. Srinivasagowda

Sri Jayabharathi Co-Operative High School Vs Employees State Insurance Corporation