Disposed

Bangalore Metropolitan Transport Corporation v. the Deputy Labour Commissioner

Karnataka HC27 Aug 2024WP/24769/2022

Case brief

AI extract

What is this about?

Corporation and legal representatives of a deceased workman settled a writ petition challenging an industrial tribunal award by joint memo: compassionate appointment to the workman's son, with all monetary benefits under the award waived. Court recorded the memo, modified the award, and disposed of the petition.

What the court decided

AI extract

Bangalore Metropolitan Transport… — Labour and Industrial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:34396 WP No. 24769 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.24769 OF 2022 (L-KSRTC)

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BETWEEN:

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BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BENGALURU – 560027 BY ITS DIVISIONAL CONTROLLER REPRESENTED BY ITS CHIEF LAW OFFICER. ... PETITIONER (BY SRI H.R. RENUKA, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE DEPUTY LABOUR COMMISSIONER (INDUSTRIAL RELATION) AND ALSO AUTHORITY UNDER SEC. 29 OF INDUSTRIAL DISPUTES ACT OFFICE OF THE LABOUR COMMISSIONER BANNERGHATTA ROAD BANGALORE – 560 029.

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H.D. LAKSHMIKANTHAIAH SINCE DECEASED BY HIS LR’S.

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(a) KALAVATHI W/O. LATE H.D. LAKSHMIKANTHAIAH, AGED 4Y YEARS,

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(b) GOUTHAMI PRIYA D/O. LATE H.D. LAKSHMIKANTHAIAH, AGED 29 YEARS,

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S/O. LATE H.D. LAKSHMIKANTHAIAH, AGED 28 YEARS,

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2 - NC: 2024:KHC:34396 WP No. 24769 of 2022

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ALL ARE R/O. MADAWARA DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT – 562 162. ... RESPONDENTS

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(BY SRI MANJUNATH K., AGA FOR R-1; SRI S.B. MUKKANNAPPA, ADVOCATE FOR R2(A TO C))

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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 29.11.2019 IN COMPLAINT NO.85/2014 (ID NO.148/2005) PASSED BY THE INDUSTRIAL TRIBUNAL, BANGALORE VIDE ANNEXURE-F; QUASH THE ORDER DATED 28.12.2020 IN CASE NO.IAA-1/CR-15/2020-21 PASSED BY THE FIRST RESPONDENT VIDE ANNEXURE-G.

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THIS WRIT PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Learned counsel on both sides submit that the parties have settled the matter amicably in terms of the joint memo and the terms of the joint memo reads as under:

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“1. The Petitioner corporation to provide an appointment on compassionate grounds to Resp. 2(c) namely Achutan son of deceased workman H D Lakshmikanthaiah – in accordance with the regulations of the corporation governing compassionate appointment.

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3 - NC: 2024:KHC:34396 WP No. 24769 of 2022

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2. The respondents 2(a) and (b) have no objection to provide appointment on compassionate grounds to Respondent No 2(c).

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3. The contesting respondents 2(a) to (c) the legal representatives of the deceased workman – H D Lakshmikanthaiah – have agreed to forego all the monetary benefits arising from the award in question, which is inclusive of terminal benefits also.”

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As per the joint memo, the Corporation to provide the appointment on compassionate appointment to respondent No.2(c), namely, Achutan son of deceased workman and respondent No.2(a) and 2(b) have no objections to provide compassionate appointment to respondent Nos.2(c). It is stated that respondent Nos.2(a) to 2(c) the legal representatives of deceased workman have agreed to forego all monetary benefits arising out from the award.

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Joint memo is taken on record and the same

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would form part and parcel of the order.

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NC: 2024:KHC:34396 WP No. 24769 of 2022

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In terms of the joint memo, the writ petition

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stands disposed of and the award passed by the Tribunal stands modified . Petitioner-Corporation to comply with the terms of the joint memo within a period of four months from the date of receipt of certified copy of this

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order.

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Sd/(K.S. HEMALEKHA) JUDGE

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MBM List No.: 1 Sl No.: 11

Bangalore Metropolitan Transport Corporation v. the Deputy Labour Commissioner

Case brief

What is this about?

What the court decided

Bangalore Metropolitan Transport Corporation v. the Deputy Labour Commissioner

Case brief

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