Disposed

The Divisional Controller v. Sri Bhemappa Valikar

Karnataka HC22 Feb 2024WP/7850/2018

Case brief

AI extract

What is this about?

The High Court Lok Adalat disposed of two writ petitions filed to challenge a Labour Court award. The parties reached a settlement via a Joint Memo, agreeing to modify the award to reinstate the workman to service with continuity but excluding back wages and three annual increments. The petitions were disposed based on this settlement.

What did the court decide?

The writ petitions were disposed of by modifying the impugned award to reinstate the workman without back wages, back benefits or three annual increments based on a settlement.

The Divisional Controller Vs Sri Bhemappa… — Pension and Retirement Benefits | 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 & SRI. P.D. SUBRAMANYA, MEMBER

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W.P.No. 7850/2018 (LK) (Lok Adalath No. 223/2024) C/w

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W.P. No.13777/2018 (LK) (Lok Adalath No. 222/2024)

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IN W.P. No.7850/2018:

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BETWEEN:

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The Divisional Controller, B.M.T.C., South Division, K.H. Road, Bengaluru-27, Now represented by its Chief Law Officer, BMTC, Central Office, K.H. Road, Bengaluru – 560 027. . ...PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE)

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AND:

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Bheemappa Valikar S/o Basappa Valikar, Aged about 48 years, R/at Adavinandi Ala,

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Sharvana Somanala, Basavana Bhagevadi, Vijayapura – 576 208, Since dead by his LRs

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1(a) Smt. Meenakshi B. W/o Bhimappa Basappa Walikar, Age : 45 years.

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1(b) Sridhar B. Walikar S/o Bhimappa Basappa Walikar, Age : 21 years.

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1(c) Rakshitha B. Walikar, D/o Bhimappa Basappa Walikar, Age: 19 years.

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All are residing at : Adavi Nandihal PH, Somnal Post, Basavanabagevadi Taluk, Vijayapura District-586 208. …RESPONDENTS

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(BY SRI. L. SHEKAR, 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 20.09.2017 PASSED BY THE III ADDL. LABOUR COURT AT BANGALORE IN I.D. NO. 29/2016 VIDE ANNEXURE ‘C’.

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IN W.P. No.13777/2018:

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BETWEEN:

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Bheemappa Valikar Since dead by his LRs

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Smt. Meenakshi B. W/o Bhimappa Basappa Walikar, Age : 45 years.

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Sridhar B. Walikar S/o Bhimappa Basappa Walikar, Age : 21 years.

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Rakshitha B. Walikar, D/o Bhimappa Basappa Walikar, Age: 19 years.

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All are residing at : Adavi Nandihal PH, Somnal Post, Basavanabagevadi Taluk, Vijayapura District-586 208. ...PETITIONERS

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(BY SRI. L. SHEKAR, ADVOCATE)

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AND:

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

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(BY SRI. HAREESH BHANDARY T., ADVOCATE )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED AWARD DATED 20.09.2017 PASSED BY THE PRESIDING OFFICER, III ADDL. LABOUR COURT, BANGALORE IN I.D. NO. 29/2016 IN SO FAR AS IT RELATES TO DENIAL OF 70% BACKWAGES AND WITHHOLDING OF THREE INCREMENTS WITH CUMULATIVE EFFECT VIDE ANNEXURE ‘A’; AND ETC.

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

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CONCILIATION ORDER

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In these petitions, the petitioner – Corporation and respondent –

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Workman have filed the above writ petitions, praying for quashing the Award passed by the Presiding Officer, III Additional Labour Court, Bengaluru in I.D. No. 29/2016 vide Annexures ‘C’, and ‘A’ respectively.

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During the pendency of the above writ petitions, the respondent – workman died and the legal representatives of the deceased respondent were brought on record as respondent Nos. 1 to 3. After negotiations, the parties have arrived at settlement. Accordingly, 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 ID No.29/2016 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:

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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

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

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Accordingly, these Writ Petitions are disposed of in terms of the Joint Memo modifying the Award passed by the Presiding Officer, III Additional Labour Court, Bengaluru in I.D. No. 29/2016 vide Annexures ‘C’, and ‘A’ respectively.

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. 7850/2018

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(LOK ADALATH NO. 223/2024) C/w WP. NO. 13777/2018 (LOK ADALATH NO. 224/2024)

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BETWEEN:

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THE DIVISIONAL CONTROLLER, BMTC.

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... PETITIONER

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AND:

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SRI, BHEMAPPA VALIKAR

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... RESPONDENT

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JOINT MEMO

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The WP filed against the award in ID No.29/2016 Dated 20-9-2017 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:

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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

The Divisional Controller v. Sri Bhemappa Valikar

Case brief

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The Divisional Controller v. Sri Bhemappa Valikar

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