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2025 DAILYLAW 19279 (KAR)

THE DIVISIONAL CONTROLLER v. SRI. MARULASIDDAPPA K

WP/7952/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON'BLE MR. JUSTICE B M SHYAM PRASAD & SRI. B.S. PRASAD, MEMBER W.P. No.7952/2024 (Lok Adalat No.3905/2025) BETWEEN: THE DIVISIONAL CONTROLLER BMTC, NORTH EAST ZONE, CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. NOW REPRESENTED BY BY ITS CHIEF LAW OFFICER, BMTC, CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. (BY SRI. HAREESH BHANDARY T., ADVOCATE) ...PETITIONER AND: SRI. MARULASIDDAPPA K. S/O. SRI KRISHNAPPA, AGED ABOUT 45 YEARS, FORMER DRIVER-CUM-CONDUCTOR, TOKEN NO.5759, DEPOT 23, 2 ANEGODU POST, DAVANAGERE - 577 556. …RESPONDENT (BY SRI. M.C. BASAVARAJU, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE AWARD DATED 31.10.2023 PASSED BY THE PRINCIPAL LABOUR COURT BENGALURU IN ID NO.001/2020 VIDE ANNEXURE-A. THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the Award dated 31.10.2023 passed by the Principal Labour Court, Bengaluru in ID No. 001/2020 vide Annexure-A. After negotiations, the parties have arrived at settlement. Accordingly, both the parties have filed a Joint Memo duly signed before the Lok Adalath. The said Joint Memo reads as follows: 3 "The Petitioner-Corporation to reinstate the workman into service with continuity of service only for terminal benefit and without consequential benefits and without backwages from the date of dismissal till the date of reinstatement by withholding two ensuing annual increment with cumulative effect. He is also not entitled for the benefits like gratuity for the absent period. He is entitled for notional pay fixation and not entitled for arrears. Revised Pay fixation, if any shall be affected from 01/05/2025." Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 31.10.2023 passed by the Principal Labour Court, Bengaluru in ID No. 001/2020 vide Annexure-A. Sd/- JUDGE Sd/- MEMBER AN 4 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 7952/2024 (LOK ADALATH NO. 3905/2025) BETWEEN: THE DIVISIONAL CONTROLLER, BMTC ... Petitioner AND: SRI. MARULASIDDAPPA K ... Respondent JOINT MEMO The WP filed against the award in ID No.1/2020 Dated 31/10/2023 on the file of the Principal Labour court, BENGALURU has been settled between the parties on the following terms and the award may kindly be modified as under: The Petitioner-Corporation to reinstate the workman into service with continuity of service only for terminal benefit and without consequential benefits and without backwages from the date of dismissal till the date of reinstatement by withholding two ensuing annual increment with cumulative effect. He is also not entitled for the benefits like gratuity for the absent period. He is entitled for notional pay fixation and not entitled for arrears. Revised Pay fixation, if any shall be affected from 01/05/2025. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of conciliators on this 26.04.2025 at Bengaluru Bench. Sd/- Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT