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2025 DAILYLAW 3401 (KAR)

THE CHIEF TRAFFIC MANAGER,NWKRTC,CENTRAL OFFICE, GOKUL ROAD, v. SHRI. NAGARAJ

WP/101643/2025 · 2025-03-08

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08T H DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S.G. PANDIT AND SHRI R.H. ANGADI, MEMBER WP.No.101643/2025(L ID) LOK ADALAT No.107/2025 BETWEEN THE CHIEF TRAFFIC MANAGER, N.W.K.R.T.C., CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. R/BY CHIEF LAW OFFICER NWKRTC, CENTRA OFFICE, HUBBALLI. ...PETITIONER (BY SRI LINGRAJ MARADI, ADVOCATE) AND SHRI. NAGARAJ S/O. NEMICHANDRA SIDDAKKANAVAR (GUDDADAMANI), AGE. 40 YEARS, OCC. NIL, R/O POST. AMMINABAVI, TQ. DIST. DHARWAD-580009. …RESPONDENT (BY SRI S.B. KAMMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA 1950, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO SET ASIDE THE AWARD DATED 30-07-2024 PASSED BY THE LABOUR COURT HUBBALLI, 2 IN K.I.D. NO.13/2023 VIDE ANNEXURE-N IN THE INTEREST OF JUSTICE AND EQUITY & ETC., THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER 1. This writ petition is filed by NWKRTC, Hubballi questioning the award dated 30.7.2024 passed in KID No.13/2013 by the Labour Court, Hubballi, wherein the order of dismissal dated 20.01.2023 passed by the petitioner/NWKRTC is set-aside with a direction to reinstate the respondent/workman with continuity of service with 25% backwages. 2. Today, petitioner/NWKRTC represented by Chief Law Officer along with learned counsel Sri. Lingaraj Maradi are present. The respondent/workman along with learned counsel Sri.S.B.Kammar are present and they have filed a joint memo of settlement, which reads as under: The Parties to the Petition have settled their claims before the Lok Adalath on the following terms;- 1. The Petitioner / Corporation has challenged the orders of the Hon'ble Labour Court, 3 Hubballi in KID No. 13/23. The Respondent was the Driver Cum Conductor in Petitioners Corporation and was dismissed from service vide order dated 20-01-2023 in an unauthorised absent case. The Respondent workman has challenged the said dismissal order in KID No. 13/23 before the Labour Court, Hubballi. On detailed adjudication, the Labour Court directed the Petitioner Corporation to re- instate the Respondent workman back into service with continuity of service, with backwages to the extent of 25% from the date of dismissal till the date of reinstatement by order dated 30-07-2024. Being aggrieved with the said orders, the Corporation filed present W. P. No. 100743/25 before this Hon'ble High Court. During the pendency of the matter the workman was reinstated into service as subject to result of Writ Petition. On detailed discussions both the petitioner and the Respondent and their counsels have decided to enter into compromise on the following terms: 2. The Petitioner Corporation agreed to the terms that the Respondent workman deemed to have been re-instated. The Respondent workman is entitled to arrears of wages from the date of actual re-instatement in pursuance of the present WP and the Respondent workman is entitled to continuity of service as awarded by the Labour Court. The Respondent workman is agreed to forgive the backwages as awarded by the Labour Court in KID No. 13/23. 3. The Respondent workman is not entitled to the wages or any arrears of wages from the date of dismissal till his actual re- instatement in pursuance of the WP. 4. The settlement has been entered into in the interest of both the parties and without any 4 duress or force. The settlement is fair, legal and reasonable also. 3. The said joint memo is placed on record. In terms of the joint memo, the petitioner/Corporation shall reinstate the respondent/workman into service within a period of two months from the date of receipt of copy of this order. It is agreed between the parties that the respondent/workman is not entitled to the wages or any arrears of wages from the date of dismissal till his actual reinstatement. The respondent/workman is entitled to wages from the date of actual reinstatement. Accordingly, the writ petition stands disposed off in terms of joint memo. Sd/- JUDGE Sd/- MEMBER JTR CT:VP 5 6