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2025 DAILYLAW 13726 (KAR)

THE DIVISIONAL CONTROLLER v. SRI PRAVEEN KUMAR NAIK

WP/8194/2018 · 2025-02-17

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:6953 WP No. 8194 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 8194 OF 2018 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER, B.M.T.C. NORTH DIVISION, YESHWANTHAPURA, BANGALORE-560032, HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, B.M.T.C., CENTRAL OFFICES, K.H.ROAD, SHANTHI NAGAR, BENGALURU-560027. …PETITIONER (BY SRI SANJEEV B L, ADVOCATE) AND: SRI PRAVEEN KUMAR NAIK, S/O GOVINDA NAIK, AGED ABOUT 26 YEARS, R/O ANEKALLU THANDA, HAGARIBOMMANAHALLI TALUK, BALLARI DISTRICT - 583217. …RESPONDENT (BY SRI L SHEKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE PROCEEDIGNS OF THE PRINCIPAL LABOUR COURT, BENGALURU PERTAINING TO REF.NO.17/2015 WHICH HAS CULMINATED IN ITS AWARD DTD 12.10.2017 PRODUCED AT ANNEXURE-C. QUASH THE AWARD DTD 12.10.2017 PASSED BY THE PRINCIPAL LABOUR COURT, BENGALURU IN REF.NO.17/2015 PRODUCED AT ANNEXURE-C. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6953 WP No. 8194 of 2018 CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. Learned counsel for the petitioner-Corporation and the learned counsel for the respondent jointly submit that the dispute is amicably settled between the parties and the parties have voluntarily entered into settlement and the terms of the settlement are recorded in the joint memo filed today. 3. The petitioner has questioned the award passed by the Labour Court. The particulars of the Labour Court, date of award and reference number are mentioned in the joint memo which is filed today. 4. Learned counsel for the petitioner and the respondent submit that they have necessary instructions to sign the joint memo on behalf of the parties in the - 3 - NC: 2025:KHC:6953 WP No. 8194 of 2018 proceedings. The same is signed by the learned counsel for the petitioner and the learned counsel for the respondent. 5. The joint memo filed today is placed on record and the same reads as follows: "The WP filed against the award in ID No.17/2015 dated 12/10/2017 on the file of Labour Court, Bengalore has been settled between the parties on the following terms and the award may kindly be modified as under: 1. The corporation agreed to reinstate the employee afresh trainee from the date of reporting/working as per the High Court interim order. 2. The services of the trainees prior to removal till the date of reinstatement as per Interim Order will not be considered for any purpose. 3. The 2 years of training period shall be considered from the date of reporting as per the Hon'ble High Court Interim Order. 4. The difference of wages will not be paid from the date of probationary till the settlement. 5. The trainee employees will be placed on probationary/confirmation as per the procedure - 4 - NC: 2025:KHC:6953 WP No. 8194 of 2018 and pay will be fixed notionally without any arrears during this period i.e., till settlement. 6. Without prejudice to the contentions taken by both the parties in respect of issues raised by both the parties, this settlement is arrived by keeping open the issue whether the trainee is workman or not as per the ID act is to be decided in appropriate case. The parties to the proceedings have agreed for the above terms." 6. This Court has gone through the terms and conditions of the joint memo. This Court does not find any impediment to accept the terms and conditions. Accordingly, the joint memo is accepted. 7. Accordingly, the impugned order is modified in terms of the joint memo. 8. The Writ Petition is disposed of in terms of the joint memo. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP/List No.: 2 Sl No.: 0