Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4273 WP No. 64581 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 64581 OF 2016 (L-KSRTC) BETWEEN:
THE DIVISIONAL CONTROLLER KSRTC, CHIKKABALLAPUR DIVISION, CHIKKABALLAPURA DISTRICT-562 101 NOW REPRESENTED BY:
THE CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICE, SHANTHINAGAR, SARIGE SADANA, BANGALORE-560 027. …PETITIONER (BY SRI.R.B.ANEPPANAVAR, ADVOCATE) AND:
SRI.M.BEERAPPA AGED 41 YEARS, R/AT MEDIMAKALALLI VARALAKUNDA POST, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT-562 101 …RESPONDENT (BY SRI. M C BASAVARAJU, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD DTD.27.1.2016 PASSED BY THE PRESIDING OFFICER, II ADDL. LABOUR COURT, BANGALORE AT BANGALORE IN REF.
NO.15/2014 PRODUCED VIDE ANNEX-G ALONG WITH THIS W.P.
Digitally signed by REKHA R Location: High Court of Karnataka
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NC: 2025:KHC:4273 WP No. 64581 of 2016
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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
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NC: 2025:KHC:4273 WP No. 64581 of 2016
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.15/2014 dated 27.01.2016 on the file of the II Additional Labour Court, Bengaluru has been settled between the parties on the following terms and the award may kindly be modified as under:
1. The Corporation has agreed to take the employee into service as a fresh trainee from the date of reporting/working as per the interim passed in the writ petition.
2. The period of service rendered by the employee/trainee prior to the order of removal would not be considered for any purpose.
3. Two years trainee period shall be considered from the date of reporting to duty pursuant to the interim order in the writ petition, after two years successful training period, the workman will be placed on probation.
4. The workman is not entitled for difference of wages from the date of probation till the date of settlement, however they are entitled to get notational pay fixation from the date on which they are brought on probation.
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NC: 2025:KHC:4273 WP No. 64581 of 2016
5. The settlement is arrived without prejudice to the
contentions taken by the corporation that the trainee is not a workman under the provisions of I D Act and the said issue is kept open to be decided in appropriate cases. 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
ASN List No.: 2 Sl No.: 0