THE DIVISIONAL CONTROLLER v. SRI T K CHANDRASHEKAR
WP/24392/2022 · 2025-01-29
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33680 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33680 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4285 WP No. 24392 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 24392 OF 2022 (L-KSRTC) BETWEEN:
THE DIVISIONAL CONTROLLER KARNATAKA STATE ROAD, TRANSPORT CORPORATION (KSRTC) KOLAR DIVISION, KOLAR DISTRICT HEREIN REPRESENTED BY THE CHIEF LAW OFFICER K.S.R.T.C, CENTRAL OFFICES, K H ROAD, SHANTHI NAGAR, BENGALURU-560 027 …PETITIONER (BY SRI. SANJEEV B L, ADVOCATE) AND:
SRI T K CHANDRASHEKAR S/O SRI. KRISHNAPPA AGED ABOUT 49 YEARS, R/O THAILUR VILLAGE AND POST, MULBAGAL TALUK KOLAR DISTRICT-563 131 …RESPONDENT (BY SRI.L.SHEKAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.12.2019 PASSED BY THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AND LABOUR COURT AT KOLAR IN ID.NO. 23/2018, ON VALIDITY OF DOMESTIC ENQUIRY, PRODUCED AT ANNEXURE-D AND ETC.,
Digitally signed by REKHA R Location: High Court of Karnataka
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NC: 2025:KHC:4285 WP No. 24392 of 2022
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
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
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NC: 2025:KHC:4285 WP No. 24392 of 2022
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.
5. The joint memo filed today is placed on record and the same reads as follows:
"The WP filed against the award in IID.No.23/2018 dated 02.06.2022 on the file of the Principal District and Sessions Judge, Kolar has been settled between the 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 year.
2. The Respondent to be placed on probation for a period of 2 years on completion of 1 year of training.
3. The period of service rendered by the employee/trainee prior to the order of 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 fixation from the date on which they are brought on probation.
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NC: 2025:KHC:4285 WP No. 24392 of 2022
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 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
ASN List No.: 2 Sl No.: 0