Disposed

A R Nagaraja v. the Divisional Controller

Karnataka HC23 Sept 2024WP/9720/2021

Case brief

AI extract

What is this about?

Writ petition filed to quash an industrial dispute award. During preliminary hearing, parties filed a joint memo agreeing to a settlement modifying the award regarding reinstatement, service continuity, and terminal benefits. Court accepted and disposed of the petition based on this settlement.

What did the court decide?

Petition disposed of on the basis of the parties' agreed settlement modifying the award regarding reinstatement without backwages and without recognition of continuous service for terminal benefits.

A R Nagaraja Vs the Divisional Controller — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:39263 WP No. 9720 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 9720 OF 2021 (L-KSRTC)

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BETWEEN:

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A.R. NAGARAJA, S/O RAMACHARI, AGE 48 YEARS, R/AT ANEMADAGU VILLAGE AND POST, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 105.

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…PETITIONER

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(BY SRI. SHEKAR L, ADVOCATE)

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AND:

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THE DIVISIONAL CONTROLLER, K.S.R.T.C, CHIKKABALLAPURA DIVISION, CHIKKABALLAPURA - 577 301.

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…RESPONDENT

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

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(BY SMT. S. NIRMMALA, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER UNDER ANNEXURE-A DATED 11.12.2018 AND ALSO THE AWARD DATED 6.7.2019 AS CONTAINED UNDER ANNEXURE-B PASSED BY THE LEARNED PRINCIPAL ygv DISTRICT JUDGE, CHIKKABALLAPUR IN ID REF.NO.2/2016 CONSEQUENTLY ALLOWED THE DISPUTE AS PRAYED FOR AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:39263 WP No. 9720 of 2021

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

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ORAL ORDER

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Joint Memo is filed duly signed by the petitioner. Joint memo reads as under :

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"The Parties to the proceedings have agreed to settle the above case and the award Passed by the Principal District Judge, Chikkaballapura dated 6.7.2019 in ID/Ref.No.02/2016 (Annexure A) may kindly be modified as under:

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1. The Petitioner to be reinstated into service without continuity of service, without consequential benefits, without backwages from the date of dismissal (18.12.2014) till the date of actual reinstatement.

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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.

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3. The period from 18.12.2014 till actual reinstatement is treated as not a continuous service under Sec 2-A of the I D Act and the petitioner is not entitled to claim terminal benefits including gratuity for this period.

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The parties have agreed for the afore-stated modification of the award."

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NC: 2024:KHC:39263 WP No. 9720 of 2021

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In terms of the joint memo, the writ petition

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stands disposed of.

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Sd/(K.S. HEMALEKHA)

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JUDGE

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rs/List No.: 1 Sl No.: 40 CT: BHK

A R Nagaraja v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

A R Nagaraja v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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