KSRTC workman dismissed in 2011 challenged the industrial dispute award; parties filed a joint memo agreeing to modify it. The court took the memo on record, modified the award accordingly, ordered reinstatement within four weeks with continuity, consequential benefits and backwages from 1.12.2011.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 2253 OF 2021 (L-KSRTC)
BETWEEN:
ASHAUNNISA W/O K.E. JAKEER HUSSAIN, AGED ABOUT 34 YEARS, R/AT BEHIND SHARADA HOSPITAL, PESHUMAN MOHALLA, SIRA TOWN, TUMKUR DISTRICT-572 137
…PETITIONER
(BY SRI. SHEKAR L., ADVOCATE)
AND:
DIVISIONAL CONTROLLER K.S.R.T.C., TUMKUR DIVISION, TUMKUR-572 201
…RESPONDENT
(BY SMT. S. NIRMALA, ADVOCATE)
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD DATED 2.5.2019 PASSED IN ID 7/2017 BY THE HON’BLE PRINCIPAL DISTRICT, TUMKURU VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
NC: 2024:KHC:38058 WP No. 2253 of 2021
ORAL ORDER
Joint Memo is filed by the counsel for the parties submitting
that the parties are ready to resolve the dispute and seeking for modification of the award passed in I.D.No.7/2017. The joint memo reads as under :
"The Parties to the proceedings have agreed to settle the above case and the award passed by the Principal District Judge, Tumakuru dated 2.5.2019 in ID no.7/2017 (Annexure A) may kindly be modified as under:
1.The Petitioner to be reinstated into service without continuity of service, consequential benefits, backwages from the date of dismissal (1.12.2011) till the date of actual reinstatement.
2. The service of the petitioner prior to the order of dismissal is protected and the default cases pending as on the date of dismissal could be continued.
3. The period from 1.12.2011 till actual reinstatement is treated as not a continuous period under Sec 2-A of the I D Act and the petitioner is not entitled to claim terminal benefits including gratuity for this period.
The parties have agreed for the aforestated modification of the award"
continuity of service, consequential benefits, backwages from the date of dismissal i.e., 1.12.2011 till the date of actual reinstatement. Further, the service of petitioner prior to the order of dismissal is protected and the default cases pending as on the date of dismissal would be continued. From 1.12.2011
till actual reinstatement it is treated as not continuous service under Section 2-A of the ID Act and the petitioner is not entitled to claim terminal benefit including gratuity for this period.
i) The impugned order passed in I.D.No.7/2017 is modified in terms of the joint memo;
ii) The respondent-Corporation to reinstate the workman within four weeks from the date of receipt of a copy of this order and the entitlement of the petitioner would be as stated in the joint memo.
Sd/(K.S. HEMALEKHA) JUDGE
rs
1 issue framed by the court
Whether the award in ID No.7/2017 could be modified in terms of the joint memo agreed between the parties, including reinstatement with backwages.
2 provisions across 2 enactments
Ashaunnisa w/o K.E. Jakeer Hussain
Divisional Controller K.S.R.T.C., Tumkur Division
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
