- 1 - NC: 2025:KHC:6763 WP No. 4982 of 2020 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. 4982 OF 2020 (L-RES) BETWEEN: THE DIVISIONAL CONTROLLER, BMTC, NORTH DIVISION, CENTRAL OFFICE, SHANTHI NAGAR, BANGALORE - 560 027, NOW REPRESENTED BY ITS CHIEF LAW OFFICER, BMTC, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BANGALORE - 560 027. …PETITIONER (BY SRI HAREESH BHANDARY T, ADVOCATE) AND: SRI SHIVAKUMAR BIRADAR, S/O BASAVARAJ BIRADAR, AGED ABOUT 37 YEARS, R/AT MADIYAL AT POST, ALAND TALUK, GULBARGA DISTRICT - 585 236. …RESPONDENT (BY SRI V KANTHARAJA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 17.12.2018 PASSED BY THE IIIRD ADDL. LABOUR COURT, BANGALORE IN I.D.NO.7/2018 AT ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6763 WP No. 4982 of 2020 ORAL ORDER Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. Learned counsel for the petitioner-Corporation and the learned counsel for the respondent jointly submit that the dispute is amicably settled between the parties and the parties have voluntarily entered into settlement and the terms of the settlement are recorded in the joint memo filed today. 3. The petitioner has questioned the award passed by the Labour Court. The particulars of the Labour Court, date of award and reference number are mentioned in the joint memo which is filed today. 4. Learned counsel for the petitioner and the respondent submit that they have necessary instructions to sign the joint memo on behalf of the parties in the proceedings. The same is signed by the learned counsel for the petitioner and the learned counsel for the respondent. - 3 - NC: 2025:KHC:6763 WP No. 4982 of 2020 5. The joint memo filed today is placed on record and the same reads as follows: "The WP filed against the award in ID No.7/2018 dated 17/12/2018 on the file of Labour Court, Bengalore has been settled between the parties on the following terms and the award may kindly be modified as under: 1. The corporation agreed to reinstate the employee afresh trainee from the date of reporting/working as per the High Court interim order. 2. The services of the respondent prior to removal till the date of reinstatement as per Interim Order will not be considered for any purpose. 3. The 2 years of training period shall be considered from the date of reporting as per the Hon'ble High Court Interim Order. 4. The difference of wages will not be paid from the date of probationary till the settlement. 5. The trainee employees will be placed on probationary/confirmation as per the procedure and pay will be fixed notionally without any arrears during this period i.e., till settlement. 6. Without prejudice to the contentions taken by both the parties in respect of issues raised by both the parties, this settlement is arrived by keeping open the issue whether the trainee is workman or not as per the ID act is to be decided in appropriate case. - 4 - NC: 2025:KHC:6763 WP No. 4982 of 2020 The parties to the proceedings have agreed for the above terms." 6. This Court has gone through the terms and conditions of the joint memo. This Court does not find any impediment to accept the terms and conditions. Accordingly, the joint memo is accepted. 7. Accordingly, the impugned order is modified in terms of the joint memo. 8. The Writ Petition is disposed of in terms of the joint memo. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP