Disposed

The Divisional Controller v. Sri. H. M. Narayanaswamy

Karnataka HC19 Jan 2024WP/10541/2023

Case brief

AI extract

What is this about?

KSRTC petitioned to quash a Labour Court award reinstating a dismissed driver-cum-conductor. Before the Lok Adalat, parties settled by joint memo: workman reinstated with continuity but no backwages or consequential benefits and denial of one increment; writ disposed accordingly.

What did the court decide?

Award modified per joint memo; respondent workman reinstated with continuity of service, without backwages or consequential benefits, denial of one increment with cumulative effect.

The Divisional Controller Vs Sri. H. M… — Labour and Industrial Disputes | Karnataka HC (2024)

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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 19^TH DAY OF JANUARY, 2024

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CONCILIATORS PRESENT:

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

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SRI. P.D. SUBRAMANYA, MEMBER

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W.P.No.10541/2023 (LK) (Lok Adalath No. 149/2024)

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BETWEEN:

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The Divisional Controller, Karnataka State Road Transport Corporation, Kolar Division, Kolar – 563 101.

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Now represented by its Chief Law Officer, K.S.R.T.C., Central Office, K.H. Road, Shanthinagar, Bengaluru – 560 027. ...PETITIONER

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(BY SRI. HAREESH BHANDARY .T, ADVOCATE)

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AND:

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Sri. H.M. Narayanaswamy S/o Sri. H.E. Muniswamy, Aged about 38 years, Driver – cum – Conductor, R/o Holur Village and Post,

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Kolar Taluk,

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Kolar District – 563 101. …RESPONDENT

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(BY SRI. L. SHEKAR, ADVOCATE )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD DATED 28.06.2022 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND LABOUR COURT, KOLAR IN I.D. NO.17/2018 VIDE ANNEXURE ‘A’ AND THE ORDER DATED 15.02.2020 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND LABOUR COURT, KOLAR IN I.D. NO.17/2018 VIDE ANNEXURE ‘B’.

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

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CONCILIATION ORDER

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In this petition, the petitioner has prayed for quashing the Award dated

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28.06.2022 and the Order dated 15.02.2020 passed by the Principal District and Sessions Judge and Labour Court, Kolar in I.D. No.17/2018 vide Annexures ‘A’ and ‘B’ respectively.

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After negotiations, the parties have arrived at settlement. Accordingly,

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both the parties have filed a Joint Memo duly signed before the Lok Adalath. The said Joint Memo reads as follows :

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“The WP filed against the award in ID No.17/2018 Dated 28.06.2022 on the file of the Principal District and Sessions Judge, Kolar has been settled between the parties on the following terms and the award may kindly be modified as under:

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The respondent workman to be reinstated into service with continuity of service only, without consequential benefits and without backwages from the date of dismissal till the date of his reporting to duty with denial of one increment with cumulative effect. The settlement would not come in the way of corporation to continue the disciplinary proceedings if any pending/treated to be filed as on the date of dismissal, upon reinstatement”.

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Accordingly, this Writ Petition is disposed of in terms of the Joint Memo

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modifying the Award dated 28.06.2022 passed by the Principal District and Sessions Judge and Labour Court, Kolar in I.D. No.17/2018.

Sd/JUDGE

Sd/MEMBER

Rbv*

FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 10541/2023

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(LOK ADALATH NO. 149/2024)

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BETWEEN : THE DIVISIONAL CONTROLLER, KSRTC ... Petitioner

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AND :

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SRI. H.M. NARAYANASWAMY ... Respondent

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JOINT MEMO

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The WP filed against the award in ID No.17/2018 Dated 28.06.2022 on the file of the Principal District and Sessions Judge, Kolar has been settled between the parties on the following terms and the award may kindly be modified as under:

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The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 19/01/2024 at Bengaluru Bench.

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Sd/-

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SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT

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Sd/Sd/-

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ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT

The Divisional Controller v. Sri. H. M. Narayanaswamy

Case brief

What is this about?

What did the court decide?

The Divisional Controller v. Sri. H. M. Narayanaswamy

Case brief

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What did the court decide?

What the court decided

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