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2025 DAILYLAW 25276 (KAR)

DODDAPPA KURI v. THE DIVISIONAL CONTROLLER

WP/12332/2023 · 2025-02-14

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:6769 WP No. 12332 of 2023 C/W WP No. 38421 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 12332 OF 2023 (L-KSRTC) C/W WRIT PETITION NO. 38421 OF 2018 (L-KSRTC) IN WP No. 12332/2023: BETWEEN: DODDAPPA KURI, S/O SHARANAPPA, AGED ABOUT 46 YEARS, R/AT NO.8, GONAL (ST), HIREOTAGERE POST, ILKAL TALUK, BAGALKOTE DISTRICT-587154. …PETITIONER (BY SRI SHEKAR L., ADVOCATE) AND: THE DIVISIONAL CONTROLLER, K S R T C, BENGALURU CENTRAL DIVISION, SHANTINAGARA, BENGALURU -560027 …RESPONDENT (BY SMT H R RENUKA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD DTD 15.09.2017 PASSED BY THE LEARNED PRESIDING OFFICER, III ADDITIONAL LABOUR COURT, BANGALORE IN I.D.NO.11/2016 ANNEXURE-A IN SO FAR AS IT RELATES TO THE IMPOSITION OF PUNISHMENT OF REDUCTION OF SEVEN ANNUAL INCREMENTS WITH CUMULATIVE EFFECT AND ETC. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6769 WP No. 12332 of 2023 C/W WP No. 38421 of 2018 IN WP NO. 38421/2018: BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE CENTRAL DIVISION, BANGALORE, BY ITS DIVISIONAL CONTROLLER, REP BY ITS CHIEF LAW OFFICER. ...PETITIONER (BY SMT H R RENUKA, ADVOCATE) AND: DODDAPPA KURI, S/O SHARANAPPA, AGED ABOUT 41 YEARS, R/O GONAL, HIREJATHAGERI POST, HUNAGUNDA TALUK, BAGALKOTE DISTRICT - 587 118. ...RESPONDENT (BY SRI SHEKAR L, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION INDIA PRAYING TO ALLOW THIS WRIT PETITIONQUASH THE DATED 15.9.2017 IN I.D. NO. 11/2016 PASSED BY THE THIRD ADDL. LABOUR COURT, BANGALORE VIDE ANNEX-G. THESE PETITIONS COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE - 3 - NC: 2025:KHC:6769 WP No. 12332 of 2023 C/W WP No. 38421 of 2018 ORAL ORDER Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent in both the petitions. 2. The petitioner-Corporation has filed WP No. 38421/2018 and the petitioner has filed W.P.No.12332/2023 challenging the award dated 15.09.2017 passed by III Additional Labour Court, Bengaluru in I.D.No.11/2016. 3. Learned counsel for the parties have filed a common joint memo. The particulars of which are extracted in joint memo submitted by the learned counsel appearing for the petitioner and the respondent. 4. Learned counsel for the petitioner and the learned counsel appearing for the respondent jointly submit that the parties have amicably settled the dispute and they are present before this Court and are identified by their respective counsel. 5. The common joint memo is signed by the parties and their respective counsel which is extracted hereunder: - 4 - NC: 2025:KHC:6769 WP No. 12332 of 2023 C/W WP No. 38421 of 2018 "The WP filed against the award in ID No.11/2016 dated 15.9.2017 on the file of the 3rd Additional Labour Court, Bangaluru has been settled between the parties on the following terms and the award may kindly be modified as under: 1. The petitioner - Corporation agreed to reinstate the Respondent - workman into service with continuity of service, without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement by withholding of 3 increments with cumulative effect. 2. The Respondent is not entitled for the difference of wages from the date of reinstatement till the date of settlement. 3. The suspension period will be treated as not on duty, he is not entitled for gratuity as per Section-2A of the Gratuity Act. Pending default cases if any, which are filed will be reopened. 4. The parties to the proceedings have agreed for the above terms. 6. This Court has considered the terms and conditions of the joint memo. This Court does not find any impediment in accepting the joint memo. Accordingly, the memo is accepted. - 5 - NC: 2025:KHC:6769 WP No. 12332 of 2023 C/W WP No. 38421 of 2018 7. Hence, the following: ORDER (i) The impugned award dated 15.09.2017 passed by III Additional Labour Court, Bangalore in I.D.No.11/2016 is substituted. (ii) Accordingly, the Writ Petitions are disposed of in terms of joint memo. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 10