The High Court Lok Adalat recorded a settlement between the BMTC and a workman involving reinstatement without back wages or increments, modifying the impugned Labour Court award under Articles 226 and 227.
Reinstatement of workman with continuity of service, without back wages and without three annual increments.
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.
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF FEBRUARY, 2024
CONCILIATORS PRESENT:
THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA &
SRI. P.D. SUBRAMANYA, MEMBER
W.P.No. 8195/2018 (LK) (Lok Adalath No. 685/2024) C/w
W.P. No.11264/2020 (LK) (Lok Adalath No. 684/2024)
IN W.P. No.8195/2018:
BETWEEN:
The Divisional Controller, B.M.T.C., Bengaluru Central Division, Shanthinagara, 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
(BY SRI. B.L. SANJEEV, ADVOCATE)
AND:
Sri. Shivashankar K.T. S/o Late Thippanna, Aged about 41 years, R/o Kyalanooru Village and Post,
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…RESPONDENT
Kolar Taluk and District-563 129.
(BY SRI. KANTHARAJA V., ADVOCATE )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD DATED 01.09.2017 PASSED BY THE PRESIDING OFFICER, III ADDL. LABOUR COURT, BENGALURU IN REF. NO.45/2015 VIDE ANNEXURE ‘C’.
IN W.P. No.11264/2020:
BETWEEN:
Sri. Shivashankar K.T. S/o Late Thippanna, Aged about 40 years, Kyalanur Village and Post, Kolar Taluk and District. ...PETITIONER
(BY SRI. KANTHARAJA V., ADVOCATE)
AND:
Divisional Controller, BMTC, Central Division, Shanthinagar, Bengaluru – 560 027. …RESPONDENT
(BY SRI. B.L. SANJEEV, ADVOCATE )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD DATED 01.09.2017 PASSED BY THE PRESIDING OFFICER, III ADDL. LABOUR COURT, BENGALURU IN REF. NO.45/2015 VIDE ANNEXURE ‘C’ IN SO FAR AS DENIAL OF FULL BACKWAGES AND WITHHOLDING OF 2 ANNUAL INCREMENTS WITH CUMULATIVE EFFECT ARE CONCERNED; AND DIRECT THE RESPONDENT TO EXTEND BENEFIT OF FULL BACK WAGES FROM THE DATE
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OF DISMISSAL TILL HIS ACTUAL REINSTATEMENT AND NOT TO WITHHOLD THE 2 ANNUAL INCREMENTS.
THESE WRIT PETITIONS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
In these petitions, the petitioner – Corporation and respondent –
workman have filed the above writ petitions, praying for quashing the Award dated 01.09.2017 passed by the Presiding Officer, III Addl. Labour Court, Bengaluru in Ref. No.45/2015 vide Annexure ‘C’.
the Lok Adalath. The said Joint Memo reads as follows :
“The WP filed against the award in Ref. No.45/2015 Dated 01.09.2017 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:
The petitioner – Corporation to reinstate the workman into service with continuity of service without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement and by withholding three annual increments with cumulative effect”.
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Sd/JUDGE
Sd/MEMBER
Rbv*
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FILED BEFORE LOK ADALAT
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 8195/2018 (LOK ADALATH NO. 685/2024) C/w WP. NO. 11264/2020 (LOK ADALATH NO. 684/2024)
BETWEEN:
THE DIVISIONAL CONTROLLER, BMTC.
... Petitioner
AND:
SRI, Shivashankar K.T ... Respondent
JOINT MEMO
The WP filed against the award in Ref No.45/2015 Dated 01-9-2017 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:
The Petitioner-Corporation to reinstate the workman into service with continuity of service, without consequential benefits, without back wages from the date of dismissal till the date of actual reinstatement and by withholding three annual increments with cumulative effect.
The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of conciliators on this 01/02/2024 at Bengaluru Bench.
Sd/-
SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT
Sd/Sd/ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT
1 issue framed by the court
Whether writ petitions challenging a Labour Court award can be settled by a joint memo before Lok Adalat.
1 provisions across 1 enactments
The Divisional Controller, B.M.T.C., Bengaluru
Sri. Shivashankar K.T.
K.S. HEMALEKHA
P.D. SUBRAMANYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
