The Divisional Controller Vs Sri Babu D

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NC: 2025:KHC:38656 WP No. 28883 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 28883 OF 2024 (L-KSRTC)

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BETWEEN:

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THE DIVISIONAL CONTROLLER B.M.T.C. DEPOT NO 33, SOUTH ZONE/DIVISION CENTRAL OFFICE, K H ROAD SHANTHINAGAR BENGALURU 560 027 REP BY ITS CHIEF LAW OFFICER

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…PETITIONER

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(BY SRI.HAREESH BHANDARY T.,ADVOCATE)

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AND

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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SRI BABU D S/O DURAIRAJ AGED ABOUT 55 YEARS R/AT NO 262, 6^TH MAIN, NEAR RAJARAJESHWARI TEMPLE 2^ND STAGE, K S LAYOUT, J P NAGARA, BENGALURU 560 078

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 06.05.2024 IN I D NO 282/2021 PASSED BY THE III ADDITIONAL LABOUR COURT, BANGALORE VIDE ANNEXURE A.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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NC: 2025:KHC:38656 WP No. 28883 of 2024

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HC-KAR

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ORAL ORDER

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Heard learned counsel for petitioner.

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The respondent – Babu .D has appeared physically

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before this Court.

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Learned counsel for petitioner-Corporation and the respondent - Babu .D filed a joint memo and agreed to settle the matter by way of an amicable settlement. The respondent has shown his identity card, i.e., Aadhar card. On perusal of the same, it is not in dispute that the person before the Court, is one Babu .D, who is the respondent working with the petitioner-Corporation. A copy of the Aadhar card is also annexed to the joint memo.

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The petitioner-Corporation is before this Court challenging the award dated 06.05.2024 passed in I.D.No.282/2021 by III Additional Labour Court, Bengaluru.

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NC: 2025:KHC:38656 WP No. 28883 of 2024

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HC-KAR

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The petitioner-Corporation and the respondent

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have agreed to the following terms and conditions, as stipulated in paragraphs – 1 to 3 of the joint memo, which read as under:

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"1. The Respondent agrees to be reinstated with continuity of service without consequential benefits, without back wages and without interim relief from the date of dismissal till the date of reporting to the work on the basis of memo filed and recorded in final order dt: 10/02/2023 in W.P.11160/2022. Respondent agrees to forego interim relief (if any) granted in this case.

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2. Respondent agrees for postponement of 1 annual increment without cumulative effect for period of 2 years which will be operative from the date of reporting to the work on the basis of memo filed and recorded in final order dt: 10/02/2023 in W.P.11160/2022.

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3. The Respondent agrees an undertaking that he will not participate or instigate other loyal employees to the strike in future and he will not absent to the duty during the strike period in his service."

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4 - NC: 2025:KHC:38656 WP No. 28883 of 2024

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HC-KAR

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In view of the joint memo having been filed by the

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petitioner-Corporation and the respondent, the petition deserves to be disposed of in terms of the said joint memo.

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Accordingly, I pass the following:

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ORDER

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i. This petition is disposed of in terms of the joint memo;

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ii. The petitioner-Corporation has already

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reinstated the respondent with continuity of service without consequential benefits, without back wages and without interim relief from the date of dismissal till the date he reported to duty;

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iii. The respondent has agreed for postponement of one (1) annual increment without cumulative effect for a period of two (2) years, which shall be operative from the date of reporting to duty;

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