- 1 - HC-KAR NC: 2025:KHC:22240 WP No. 7726 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 7726 OF 2025 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER, BMTC, DEPOT NO.09, NORTH ZONE CENTRAL OFFICE, SHANTHINAGAR, BANGALORE – 560 027. HEREIN REPRESENTED BY THE THE CHIEF LAW OFFICER, B.M.T.C., CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BANGALORE – 560 027. …PETITIONER (BY SRI. SANJEEV B.L., ADVOCATE) AND: SRI. SURESHA D.N., S/O KRISHNA SINGH D, AGED ABOUT 49 YEARS, R/AT DEVANUR POST, KADURU TALUK, CHIKKAMAGALURU DISTRICT, KARNATAKA – 577 175. …RESPONDENT (BY SRI.SURESHA D.N., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS OF THE PROCEEDINGS OF THE III ADDITIONAL Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22240 WP No. 7726 of 2025 LABOUR COURT, BANGALORE PERTAINING TO ID NO.424/2021, WHICH HAS CULMINATED IN ITS AWARD DATED 03/04/2024 PRODUCED AT ANNEXURE – E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned counsel for the petitioner is present. Sri. Suresh, the respondent-employee is present. Smt. Manavi K.M., Assistant Law Officer of the petitioner- establishment is also present and the Officer has identified the respondent-employee. 2. This petition is filed assailing the award dated 03.04.2024 marked at Annexure-E passed by III Additional Labour Court, Bangalore in I.D.No.424/2021. In terms of the said award, the Labour Court has set aside the punishment of dismissal passed by the management and the employee is directed to be reinstated into the service with continuity of service and all other consequential benefits. However, one annual increment - 3 - HC-KAR NC: 2025:KHC:22240 WP No. 7726 of 2025 with cumulative effect is withheld as a punishment. The petitioner-Management has questioned this award. 3. Learned counsel for the petitioner and respondent jointly submitted the joint memo. In terms of the settlement arrived at between the parties, it is agreed that the respondent shall be reinstated and shall have the benefit of continuity of service without consequential benefits, without backwages and without interim relief from the date of dismissal till the date of reporting to duty. 4. It is further agreed that one annual increment is to be withheld with cumulative effect for two years starting from 10.02.2023. 5. This Court made an enquiry and the respondent who is present before the Court submits that he has voluntarily agreed for settlement. 6. The joint memo filed today is placed on record and the same reads as follows: - 4 - HC-KAR NC: 2025:KHC:22240 WP No. 7726 of 2025 JOINT MEMO "Both the parties have agreed to settle the dispute in the following terms and conditions: 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. 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. 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. It is respectfully submitted that both the parties have agreed the above terms and conditions to settle the - 5 - HC-KAR NC: 2025:KHC:22240 WP No. 7726 of 2025 dispute and the Hon'ble Court may please be dispose the case in terms of the above Joint Memo." 7. 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. 8. Accordingly, the impugned order/award is modified in terms of the joint memo as referred to above. 9. The writ petition is disposed of in terms of the joint memo. Sd/- (ANANT RAMANATH HEGDE) JUDGE RKA List No.: 1 Sl No.: 12