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2025 DAILYLAW 24776 (KAR)

KARNATAKA STATE ROAD TRANSPORT CORPORATION v. PARASAPPA KANIMANI

WP/56236/2018 · 2025-02-12

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:6236 WP No. 56236 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 56236 OF 2018 (L-KSRTC) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANGALORE DIVISION, MANGALORE, BY ITS DIVISIONAL CONTROLLER, REP. BY ITS CHIEF LAW OFFICER. …PETITIONER (BY SMT RENUKA H R, ADVOCATE) AND: PARASAPPA KANIMANI, S/O AMASIDDA KANIMANI, AGED ABOUT 38 YEARS, MU GUGADHADDI, POST: ALIABAD, BIJAPUR TALUK AND DISTRICT-586112. …RESPONDENT (BY SRI L SHEKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DTD 31.10.2017 IN I.D.NO.5/2016 PASSED BY THE LABOUR COURT, DAKSHINA KANNADA, MANGALURU [ANNEXURE-U]. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6236 WP No. 56236 of 2018 ORAL ORDER This petition is filed assailing the award dated 31.10.2017 in IDA.No.5/2016 on the file of Labour Court, Dakshina Kannada, Mangalore. 2. In terms of the said award, the Labour Court has set aside the penalty of dismissal of service of respondent-workman herein and directed reinstatement of respondent with full backwages, continuity of service and consequential benefits. 3. The petitioner-Corporation has assailed the said award. 4. Learned counsel appearing for the petitioner and the learned counsel appearing for the respondent jointly submit a memo reporting settlement. The memo is signed by the learned counsel appearing for the respondent as well as by the learned counsel appearing for the petitioner. - 3 - NC: 2025:KHC:6236 WP No. 56236 of 2018 5. The Court has perused the terms of the joint memo. 6. The joint memo reads as under: "The Parties to the proceedings have agreed to settle the case, the award of the Labour Court, Mangaluru, Dakshina Kannada dated 31.10.2017 (Annexure in IDA No 5/2016) may kindly be modified as under: "The corporation to reinstate the respondent into service with continuity of service, without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement. Further he is not entitled for any difference in wages after reinstatement into service till the date of settlement. The suspension period to be treated as not on duty for all purposes." 7. On going through the terms of the memo, this Court is of the view that the settlement is lawful. The joint memo is accepted. Impugned order is modified in terms of the joint memo. - 4 - NC: 2025:KHC:6236 WP No. 56236 of 2018 8. Accordingly, the Writ Petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 55