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2025 DAILYLAW 25040 (KAR)

THE DIVISIONAL CONTROLLER v. SRI.B.M.MANJUNATHA

WP/14641/2024 · 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.14641/2024 (Lok Adalat No.4325/2025) BETWEEN: THE DIVISIONAL CONTROLLER NORTH-EAST ZONE, BMTC CENTRAL OFFICE, SHANTHINAGAR, BENGALURU-560 027. HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, BMTC CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BENGALURU - 560 027. ...PETITIONER (BY SRI. SANJEEV B.L., ADVOCATE) AND: SRI. B.M. MANJUNATHA S/O. MAHADEVA 2 AGED ABOUT 42 YEARS, RESIDENT OF BECCA POST, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 116. …RESPONDENT (BY SRI. M.C. BASAVARAJU, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 31.10.2023 PASSED BY THE PRINCIPAL LABOUR COURT, BANGALORE IN ID NO.3/2021, PRODUCED AT ANNEXURE-H. 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 I.D. No.3/2021 vide Annexure-H. 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: "1. The Petitioner-Corporation to reinstate the workman into service with continuity of service for terminal benefit excluding the period of absence 3 and without consequential benefits, without backwages from the date of dismissal till the date of reinstatement withholding two ensuing annual increment with cumulative effect. 2. He is also not entitled for the benefits like gratuity for the absent period. 3. He is entitled for notional pay fixation and not entitled for arrears pursuant to notional fixation. 4. Revised Pay fixation, if any shall be effected 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 I.D. No.3/2021 vide Annexure-H. Sd/- JUDGE Sd/- MEMBER AN/- 4 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 14641/2024 (LOK ADALATH NO. 4325/2025) BETWEEN: THE DIVISIONAL CONTROLLER, BMTC ... Petitioner AND: SRI. B M MANJUNATHA ... Respondent JOINT MEMO The WP filed against the award in ID-3/2021 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: 1. The Petitioner-Corporation to reinstate the workman into service with continuity of service for terminal benefit excluding the period of absence and without consequential benefits, without backwages from the date of dismissal till the date of reinstatement withholding two ensuing annual increment with cumulative effect. 2. He is also not entitled for the benefits like gratuity for the absent period 3. He is entitled for notional pay fixation and not entitled for arrears pursuant to notional fixation. 4. Revised Pay fixation, if any shall be effected 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