KARNATAKA STATE ROAD TRANSPORT CORPORATION v. SHAMBULINGA KAMMAR
WP/33144/2024 · 2025-02-28
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35903 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35903 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8852 WP No. 33144 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 33144 OF 2024 (L-KSRTC) BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION, KOLAR DIVISION, KOLAR, BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS CHIEF LAW OFFICER. …PETITIONER (BY SMT RENUKA H R, ADVOCATE) AND:
SHAMBULINGA KAMMAR, S/O MALLAPPA MANAPPA KAMBAR, AGED ABOUT 43 YEARS, R/O KALHAL VILLAGE AND POST, RAMADURGA DISTRICT, BELGAUM DISTRICT - 591123. …RESPONDENT (BY SRI L SHEKAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 13/09/2022 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND LABOUR COURT, KOLAR IN ID NO. 27/2018 (ANN-G).
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by C HONNUR SAB Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8852 WP No. 33144 of 2024
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER
Learned counsel for the petitioner and respondent jointly submit that the dispute between the parties is amicably settled and they have filed a joint memo.
2. The joint memo reads as under:
"JOINT MEMO"
"The WP filed against the award in ID. No.27/2018 dated 13.9.2022 on the file of the Principal District & Session 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:8852 WP No. 33144 of 2024
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."
3. After going through the joint memo, this Court is of the view that same is lawful and there is no impediment to accept the joint memo.
4. In terms of joint memo, the impugned award is modified.
5. Writ petition is disposed of accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 27