Divisional Controller Vs Sri Ningaraju

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NC: 2025:KHC:38451 WP No. 6696 of 2025

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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

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 6696 OF 2025 (L-KSRTC)

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BETWEEN:

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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 NINGARAJU, S/O SHIVANANJEGOWDA, AGED ABOUT 53 YEARS, R/AT KADAGA GRAMA, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT.

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…RESPONDENT

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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 24.06.2024 IN I.D.NO.303/2021 PASSED BY THE PRESIDING OFFICER, III ADDITIONAL LABOUR COURT, BENGALURU VIDE ANNEXURE-A.

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NC: 2025:KHC:38451 WP No. 6696 of 2025

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HC-KAR

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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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ORAL ORDER

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Heard learned counsel for petitioner.

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Before the stage of issuance of notice, the

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respondent-Ningaraju has appeared physically before this Court.

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Learned counsel for petitioner-Corporation and the respondent-Ningaraju 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 Ningaraju, who is the respondent working with the petitioner-Corporation. A copy of the Aadhar card is also annexed along with the joint memo.

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The petitioner-Corporation is before this Court

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challenging the award dated 24.06.2024 passed in

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NC: 2025:KHC:38451 WP No. 6696 of 2025

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HC-KAR

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I.D.No.303/2021 by III Additional Labour Court,

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Bengaluru.

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The petitioner-Corporation and the respondent have agreed to the following terms and conditions, as stipulated in the joint memo. Paras-1 to 3 reads 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 others 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:38451 WP No. 6696 of 2025

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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 accordance to 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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