Disposed

The Divisional Controller v. Sri. G. B. Narayana Swamy

Karnataka HC19 Jan 2024WP/10548/2023

Case brief

AI extract

What is this about?

A Writ Petition filed by BMTC challenging a labor court award was settled via Lok Adalat. The High Court disposed of the petition by modifying the award per a joint memo, reinstating the workman without backwages or consequential benefits.

What did the court decide?

Settlement terms: Petitioner Corporation to reinstate the workman with continuity of service, without consequential benefits, without backwages, and withholding of two annual increments.

The Divisional Controller Vs Sri. G. B… — 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.10548/2023 (LK) (Lok Adalath No. 157/2024)

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BETWEEN:

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The Divisional Controller, B.M.T.C., East Division, Central Office, Shanthinagar, Bangalore – 560 027,

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Now represented by The Chief Law Officer, B.M.T.C. Central Offices, K.H. Road, Shanthi Nagar, Bengaluru – 560 027. ...PETITIONER

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(BY SRI. HAREESH BHANDARY T., ADVOCATE)

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AND:

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Sri. G.B. Narayana Swamy S/o Basavarajaiah N., Aged about 54 years, R/at Gonipura Village, K. Gollahalli Post,

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Kengeri Hobli,

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Bengaluru – 560 060. …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/ORDER DATED 17.08.2022 IN DISPUTE NO. 16/2020 PASSED BY THE PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BANGALORE VIDE ANNEXURE ‘A’.

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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/Order

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dated 17.08.2022 in Dispute No.16/2020 vide Annexure ‘A’ passed by the Presiding Officer, Principal Labour Court, Bangalore vide Annexure ‘A’.

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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 I.D. No.16/2020 Dated 17.8.2022 on the file of the Principal Labour Court, Bengaluru has been settled between the parties on the following terms and the award may kindly be modified as under:

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The petitioner – Corporation to reinstate the workman into service with continuity of service, without consequential benefits and without backwages and withholding of two annual increments with cumulative effect”.

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Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award/Order dated 17.08.2022 in Dispute No.16/2020 vide Annexure ‘A’ passed by the Presiding Officer, Principal Labour Court, Bangalore vide Annexure ‘A’.

Sd/JUDGE

Sd/MEMBER

Rbv*

FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 10548/2023

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(LOK ADALATH NO. 157/2024)

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BETWEEN : THE DIVISIONAL CONTROLLER, BMTC ... Petitioner

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AND :

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SRI. G.B. NARAYANA SWAMY ... Respondent

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JOINT MEMO

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The WP filed against the award in ID No.16/2020 Dated 17.08.2022 on the file of the Principal Labour Court, Bengaluru 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/ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT

The Divisional Controller v. Sri. G. B. Narayana Swamy

Case brief

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The Divisional Controller v. Sri. G. B. Narayana Swamy

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