LP filed Writ Petition to quash Labour Court award denying back wages to deceased workman. Parties settled before Lok Adalat for Rs.20,000 lump sum. Petition disposed of via Joint Memo; award modified accordingly.
Joint Memo agreed to; Writ Petition disposed of; Award modified to reflect Rs.20,000 settlement to legal representatives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
CONCILIATORS PRESENT:
THE HON’BLE MRS.JUSTICE K.S. HEMALEKHA & SRI. P.D. SUBRAMANYA, MEMBER
W.P.No.16871/2013 (LK) (Lok Adalath No. 181/2024)
BETWEEN:
Gopashetty, Since deceased by his LRs
All are resident at :
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No.36, 7th Main, 7th Cross, Gandhinagar, Near Hosaker, Kengeri Satellite Town, Bangalore – 560 060. ...PETITIONERS
(BY SRI. L. SHEKAR, ADVOCATE)
AND:
The Divisional Controller, K.S.R.T.C., Bangalore Rural Division, KIMCO Building, Mysore Road, Bangalore – 560 026. …RESPONDENT
(BY SMT. H.R. RENUKA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED AWARD DATED 03.12.2012 PASSED IN REF. NO.09/2010 BY THE FIRST ADDITIONAL LABOUR COURT, BANGALORE VIDE ANNEXURE ‘A’, IN SO FAR AS IT RELATES TO DENIAL OF BACKWAGES AND CONSEQUENTLY DIRECT THE RESPONDENT MANAGEMENT TO PAY FULL BACKWAGES AND OTHER CONSEQUENTIAL BENEFITS TO THE LEGAL REPRESENTATIVES OF THE DECEASED WORKMAN FROM THE DATE OF DISMISSAL TILL THE DATE OF DEATH OF THE WORKMAN I.E. FROM 30.07.2008 TO 01.09.2009.
THE PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
In this petition, the legal representatives of the petitioner – workman – Gopashetty has prayed for quashing the Award dated 03.12.2012 passed by the
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Presiding Officer, First Additional Labour Court, Bangalore in Ref. No. 09/2010 vide Annexure ‘A’.
both the parties have filed a Joint Memo duly signed before the Lok Adalath. The said Joint Memo reads as follows :
“The Respondent – KSRTC has agreed to pay lump-sum of Rs.20,000/- to the LRs of the deceased employee as full and final settlement of the case.
The LRs of the deceased – workman has agreed to receive lump-sum of Rs.20,000/- as full and final settlement”.
modifying the Award dated 03.12.2012 passed by the Presiding Officer, First
Additional Labour Court, Bangalore in Ref No. 09/2010 vide Annexure ‘A’.
Sd/JUDGE
Sd/-
MEMBER
Rbv*
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FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 16871/2013 (LOK ADALATH NO. 181/2024)
BETWEEN : GOPASHETTY ... Petitioner
AND : THE DIVISIONAL CONTROLLER, KSRTC ... Respondent JOINT MEMO
The WP filed against the award in Ref. No. 09/2010 Dated 03.12.2012 on the file of The First Additional Labour Court, Bangalore, has been settled between the parties on the following terms and the award may kindly be modified as under:
“The Respondent – KSRTC has agreed to pay lump-sum of Rs.20,000/- to the LRs of the deceased employee as full and final settlement of the case.
The LRs of the deceased – workman has agreed to receive lump-sum of Rs.20,000/as full and final settlement”.
The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 22/02/2024 at Bengaluru Bench.
Sd/Sd/-
SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT
Sd/Sd/ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT
2 issues framed by the court
Whether writ petition against labour award shall be disposed of upon settlement of challenges via Lok Adalat
Whether Respondent agrees to full and final settlement of back wages claim
2 provisions across 2 enactments
Smt. Mahadevamma W/o Late Gopashetty
G. Ravi S/o Late Gopashetty
G. Annapoorna D/o Late Gopashetty
G. Rajkumar S/o Late Gopashetty
G. Lakshmi D/o Late Gopashetty
The Divisional Controller, K.S.R.T.C., Bangalore Rural Division
K.S. Hemalekha
P.D. Subramanya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
