- 1 - NC: 2025:KHC:12492 WP No. 8627 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8627 OF 2025 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER B.M.T.C CENTRAL DIVISION CENTRAL OFFICE, K.H ROAD SHANTHINAGAR BENGALURU 560027 REP.BY ITS CHIEF LAW OFFICER …PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: SRI.M.NAGESH S/O SRI.S.MUNIYAPPA, AGED ABOUT 52 YEARS WORKING AS DRIVER CUM CONDUCTOR TOKEN NO.12793, DEPOT NO.29, BMTC K.R.PURAM, CENTRAL DIVISION R/AT KAJI SANNENAHALLI VILLAGE KANNAMANGALA POST BIDARAHALLI HOBLI BENGALURU 560 067 …RESPONDENT (RESPONDENT: APPEARED IN PERSON) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:12492 WP No. 8627 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DTD. 14.08.2024 IN ID NO. 134/2021 PASSED BY THE III ADDITIONAL LABOUR COURT BANGALORE VIDE ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The Transport Corporation has called in question the Award dated 14.08.2024 in I.D.No.134/2021 on the file of the Presiding Officer, III Additional Labour Court, Bengaluru [for short, 'the Tribunal']. The Tribunal, by the impugned Award dated 14.08.2024, has set aside the dismissal order dated 16.04.2021 directing reinstatement with continuity of service and all other consequential benefits but withholding one annual increment with cumulative effect as a punishment. The Tribunal has also observed that the respondent would not be entitled to back wages. - 3 - NC: 2025:KHC:12492 WP No. 8627 of 2025 2. Sri. Hareesh Bhandary T., the learned counsel for the petitioner, submits that the petitioner and the respondent have agreed upon the terms of reinstatement, and as such, a Joint Memo is being presented; that the respondent has been duly identified by the Chief Law Officer, BMTC, Bengaluru and that the petition may be disposed of in terms of the Joint Memo. 3. This Court must observe that it is undisputed that the respondent is reinstated after the orders of this Court in W.P.No.11160/2022 and connected matters which is disposed of on 10.02.2023. The respondent, whose identity is verified with the Aadhaar Card, upon inspection of the original [which is returned on verification], acknowledge the terms of settlement. The petitioner and the respondent have agreed that there shall be reinstatement without back wages [as directed by the - 4 - NC: 2025:KHC:12492 WP No. 8627 of 2025 Tribunal] but modulating the terms of nature of consensus. 4. This Court does not find any impediment in law to accept the Joint Memo. Accordingly, the Joint Memo is accepted, and the petition stands disposed of modifying the Tribunal's impugned Award dated 14.08.2024 holding that there shall be postponement of one annual increment with cumulative effect for two [2] years operated from the date he has reported to work. Sd/- (B M SHYAM PRASAD) JUDGE RB