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2025 DAILYLAW 23169 (KAR)

DIVISIONAL CONTROLLER KSRTC v. SRI KUMAR P

WP/11567/2024 · 2025-04-21

B M Shyam Prasad

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Judgment text

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- 1 - NC: 2025:KHC:16195 WP No. 11567 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION No. 11567 OF 2024 (L-KSRTC) BETWEEN: DIVISIONAL CONTROLLER KSRTC CHAMARAJANAGARA DIVISION CHAMARAJANAGARA REPRESENTED BY ITS CHIEF LAW OFFICER KSRTC, CENTRAL OFFICER K H ROAD, BENGALURU - 560 027. …PETITIONER (BY SRI HAREESH BHANDARY T, ADVOCATE) AND: SRI KUMAR P S/O PUTTASHETTY AGED ABOUT 39 YEARS R/AT KADAKOLA VILLAGE AND POST MYSURU TALUK MYSURU DISTRICT - 571 301. …RESPONDENT (RESPONDENT SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED:19.08.2023 PASSED BY THE PRINCIPAL DISTRICT JUDGE AND PRESIDING OFFICER, LABOUR COURT, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:16195 WP No. 11567 of 2024 CHAMARAJANAGARA IN REF No.12/2018 SETTING ASIDE THE ORDER OF DISMISSAL DATED: 28.01.2015, DIRECTING THE PETITIONER CORPORATION TO REINSTATE THE RESPONDENT INTO SERVICE, VIDE ANNEXURE-A AND ETC., THIS PETITION COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the award dated 19.08.2023 in reference No.12/2018 on the file of the Labour Court, Chamrajanagar. The Labour Court, by the impugned award dated 19.08.2023, has set aside the petitioner's decision dated 28.01.2015 to remove the petitioner from service directing reinstatement but by denying back wages with continuity of service. Presently, a joint memo is filed reporting settlement and the terms of the joint memo read as under: - 3 - NC: 2025:KHC:16195 WP No. 11567 of 2024 “The WP filed against the award in Ref. No. 12/2018 dated 19.8.2023 on the file of the Principal District & Session Judge, Chamrajnagara has been settled between he parties on the following terms and the award may kindly be modified as under: 1. The Corporation has agreed to take the Respondent into service as a fresh trainee from the date of reporting/working pursuant to the interim order passed in the above writ petition, training will for 1 years. 2. The Respondent to be placed on probation for a period of 2 years on the completing of 1 year of training. 3. The period of service rendered by the employee/trainee prior to the order or removal would not be considered for any purpose. 4. The Respondent is not entitled for difference of wages from the date of probation till the date of settlement, however they are entitled to get notional pay - 4 - NC: 2025:KHC:16195 WP No. 11567 of 2024 fixation from the date on which they are brought on probation. 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 respondent, who it is stated, is reinstated in terms of the interim order dated 22.04.2024, acknowledges the terms of the settlement. In the light of the above, the petition stands disposed of modifying the impugned award dated 19.08.2023 to read in terms of the settlement as stated above. Sd/- (B M SHYAM PRASAD) JUDGE LRS List No.: 1 Sl No.: 29