Disposed

Bangalore Metropolitan Transport Corporation v. Mallikarjun Shande

Karnataka HC22 Feb 2024WP/17050/2022

Case brief

AI extract

What is this about?

A writ petition challenging a labour court award was heard before a Lok Adalat in Bengaluru. The parties reached a settlement via a joint memo agreeing to reinstate the respondent workman without back wages or consequential benefits. The writ petition was accordingly disposed of by modifying the impugned award as per the settlement terms.

What did the court decide?

The award in Industrial Dispute No. 60/2019 was modified to reinstate the respondent workman without back wages or consequential benefits as per the settlement.

Bangalore Metropolitan Transport… — 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 22^ND DAY OF FEBRUARY, 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.17050/2022 (LK) (Lok Adalath No. 1096/2024)

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BETWEEN:

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Bangalore Metropolitan Transport Corporation, East Division, Central Office, K.H. Road, Bangalore – 560 027, By its Divisional Controller, Rep. by its Chief Law Officer. ...PETITIONER

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

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AND:

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Mallikarjun Shande S/o Sangamanatha Shande, Aged about 39 years, C/o Muniswamy Reddy, Behind Chowdeshwari Temple, Koppa Village, Hulimangala Post, Anekal Taluk, Bangalore Rural District-562 106. …RESPONDENT

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(BY SRI. SANGAMESH G. PATIL, 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 07.10.2021 PASSED BY THE SECOND ADDITIONAL LABOUR COURT, BANGALORE IN INDUSTRIAL DISPUTE NO.60/2019 VIDE ANNEXURE ‘H’.

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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 passed in Industrial Dispute No. 60/2019 dated 07.10.2021 (Annexure ‘H’) passed by the Second Additional Labour Court, Bangalore.

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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.60/2019 Dated 7.10.2021 on the file of the II Additional 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 from the date of dismissal till date of actual reinstatement and without backwages and withholding of three annual increments with cumulative effect”.

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

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modifying the Award in Industrial Dispute No. 60/2019 dated 07.10.2021

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(Annexure ‘H’) passed by the Second Additional Labour Court, Bangalore.

Sd/JUDGE

Sd/MEMBER

Rbv*

FILED BEFORE LOK ADALAT

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 17050/2022 (LOK ADALATH NO. 1096/2024)

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BETWEEN: BMTC

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... Petitioner

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AND: MALLIKARJUN SHANDE ... Respondent

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JOINT MEMO

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The WP filed against the award in ID No.60/2019 Dated 7-10-2021 on the file of the II Additional 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, from the date of dismissal till the date of actual reinstatement and without back wages and withholding of three annual increments with cumulative effect.

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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 22/02/2024 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 RESPONDENT

Bangalore Metropolitan Transport Corporation v. Mallikarjun Shande

Case brief

What is this about?

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Bangalore Metropolitan Transport Corporation v. Mallikarjun Shande

Case brief

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