Disposed

The Divisional Controller v. Sri M Prameela

Karnataka HC19 Jan 2024WP/1138/2022

Case brief

AI extract

What is this about?

Writ petition by KSRTC against a Labour Court award was settled before the Lok Adalat. The workman is to be reinstated with continuity of service, without back wages or consequential benefits, with denial of two increments with cumulative effect; pending disciplinary proceedings may continue.

What did the court decide?

Writ petition disposed of per joint memo modifying the Labour Court award dated 18.09.2021; workman reinstated with continuity of service, without back wages or consequential benefits, denial of two i

The Divisional Controller Vs Sri M Prameela — 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.1138/2022 (LK)

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(Lok Adalath No. 152/2024)

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BETWEEN

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The Divisional Controller, KSRTC, Kolar Division,

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Division Circle, Kolar-563 101.

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...Petitioner

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

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AND

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Smt. M. Prameela, Aged about 35 years, Ex-Conductor, R/o Bhovi Colony, Behind Santhe Gate, Kolar Town, Kolar District – 563 101.

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…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 SET ASIDE THE ORDER DATED 18.09.2021 PASSED BY THE PRINCIPAL DISTRICT & SESSIONS JUDGE AND LABOUR COURT, KOLAR DISTRICT, KOLAR IN I.D. NO.19/2018 VIDE ANNEXURE-R.

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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 setting aside the Order dated 18.09.2021 passed by the Principal District and Sessions Judge and

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Labour Court, Kolar District, Kolar in I.D. No. 19/2018 vide Annexure ‘R’.

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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.19/2018 Dated 18.09.2021 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 two increments 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 modifying the Order dated 18.09.2021 passed by the Principal District and Sessions Judge and Labour Court, Kolar in I.D. No.19/2018 (Annexure ‘R’).

Sd/JUDGE

Sd/MEMBER

Rbv*

FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 1138/2022

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(LOK ADALATH NO. 152/2024)

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BETWEEN : THE DIVISIONAL CONTROLLER, KSRTC ... Petitioner

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AND : SRI. M. PRAMEELA ... Respondent

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JOINT MEMO

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The WP filed against the award in ID No.19/2018 Dated 18.09.2021 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 back wages from the date of dismissal till the date of his reporting to duty with denial of two increments 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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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/SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT

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Sd/Sd/ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT

The Divisional Controller v. Sri M Prameela

Case brief

What is this about?

What did the court decide?

The Divisional Controller v. Sri M Prameela

Case brief

What is this about?

What did the court decide?

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