Disposed

Manikantan v. the Divisional Controller

Karnataka HC1 Feb 2024WP/48665/2018

Case brief

AI extract

What is this about?

Lok Adalat conciliation settled two writ petitions regarding the quashing of a Labour Court award. Parties agreed to reinstate the petitioner without back wages or consequential benefits, leading to the disposal of the petitions based on a joint memo.

What did the court decide?

Joint memo signed settling the dispute; writ petitions disposed of on terms of reinstatement without back wages or consequential benefits.

Manikantan Vs the Divisional Controller — Service and Employment | Karnataka HC (2024)

¶1

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 01^ST DAY OF FEBRUARY, 2024

¶5

CONCILIATORS PRESENT:

¶6

THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA & SRI. P.D. SUBRAMANYA, MEMBER

¶7

W.P.No. 48665/2018 (LK) (Lok Adalath No. 682/2024) C/w

¶8

W.P. No.25764/2018 (LK)

¶9

(Lok Adalath No. 683/2024)

¶10

IN W.P. No.48665/2018:

¶11

BETWEEN:

¶12

Manikantan S/o Aruvashetty, Age: 40 years, R/at Terakanambi Village, Gundlupete Taluk, Chamarajanagar District. ...PETITIONER

¶13

(BY SRI. L. SHEKAR, ADVOCATE)

¶14

AND:

¶15

The Divisional Controller, B.M.T.C., South Division, K.H.Road, Bangalore-560 027. …RESPONDENT

¶16

(BY SRI. B.L. SANJEEV, ADVOCATE )

¶17

¶18

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED AWARD DATED 25.11.2017 PASSED BY THE III ADDL. LABOUR COURT, BANGALORE IN REF. NO.60/2015 VIDE ANNEXURE ‘A’ AND ALSO TO DIRECT THE RESPONDENT – CORPORATION TO REINSTATE THE PETITIONER WITH CONTINUITY OF SERVICE AND PAY HIM THE ENTIRE BACKWAGES AND CONSEQUENTIAL BENEFITS FROM THE DATE OF DISMISSAL TILL THE DATE OF REINSTATEMENT.

¶19

IN W.P. No.25764/2018:

¶20

BETWEEN:

¶21

The Divisional Controller, B.M.T.C., South Division, K.H.Road, Bengaluru-560 027, Herein represented by The Chief Law Officer, B.M.T.C., Central Offices, K.H. Road, Shanthi Nagar, Bengaluru – 560 027. . ...PETITIONER

¶22

(BY SRI. B.L. SANJEEV, ADVOCATE)

¶23

AND:

¶24

Sri. Manikantan S/o Aruvashetty, Aged about 40 years, R/at Terakanambi Village, Gundlupete Taluk, Chamarajanagar District-571 111. …RESPONDENT

¶25

(BY SRI. L. SHEKAR, ADVOCATE )

¶26

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD DATED 25.11.2017 PASSED BY THE III

¶27

¶28

ADDL. LABOUR COURT, BANGALORE IN REF. NO.60/2015 VIDE ANNEXURE ‘B’.

¶29

THESE WRIT PETITIONS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:

¶30

CONCILIATION ORDER

¶31

In these petitions, the petitioner – workman and respondent –

¶32

Corporation have filed the above writ petitions, praying for quashing the Award passed by the III Additional Labour Court, Bengaluru in Ref. No.60/2015 vide Annexures ‘A’, and ‘B’ respectively.

¶33

After negotiations, the parties have arrived at settlement. Accordingly, both the parties have filed a Joint Memo duly signed before

¶34

the Lok Adalath. The said Joint Memo reads as follows :

¶35

“The WP filed against the award in Ref. No.60/2015 Dated 25.11.2017 on the file of the III Additional Labour Court, Bengaluru has been settled between the parties on the following terms and the award may kindly be modified as under:

¶36

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 backwages and withholding of three annual increments with cumulative effect”.

¶37

¶38

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

¶39

Memo modifying the Award dated 25.11.2017 passed by the III Additional Labour Court, Bengaluru in Ref. No.60/2015 vide Annexures ‘A’, and ‘B’ respectively.

Sd/JUDGE

Sd/MEMBER

Rbv*

FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 48665/2018

¶45

(LOK ADALATH NO. 682/2024) C/w WP NO. 25764/2018 (LOK ADALATH NO. 683/2024)

¶46

BETWEEN : MANIKANTAN ... Petitioner

¶47

AND :

¶48

THE DIVISIONAL CONTROLLER, BMTC. ... Respondent

¶49

JOINT MEMO

¶50

The WP filed against the award in Ref No.60/2015 Dated 25-11-2017 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:

¶51

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.

¶52

The parties to this petitions have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 01-02-2024 at Bengaluru Bench.

¶53

Sd/-

¶54

SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT

¶55

Sd/Sd/ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT

Manikantan v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Manikantan v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Sri Umesha Vs Smt Nirmala N

Mahanthesha Vs G.M. Jagadeesh

The Divisional Controller and Vs Sri Revanasiddiah

Karnataka State Road, Vs D.L. Huchegowda

The Divisional Controller Vs Sri Shivashankar K T

Eranna Vs Narasimhamurthy C M