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2025 DAILYLAW 3978 (KAR)

MALLAREDDI S/O SHIVARADDI TARIKOPPA v. THE NORTH WEST KARNATAKA ROAD

WP/106416/2018 · 2025-03-08

Lok Adalath

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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.106416/2018(L KSRTC) LOK ADALAT No.102/2025 . BETWEEN MALLAREDDI S/O SHIVARADDI TARIKOPPA AGE: 33 YEARS, OCC: NIL, R/O: HALEITAGI, TQ: SHRIHATTI, DIST: GADAG. ...PETITIONER (BY SRI. S.B. KAMMAR, ADVOCATE) AND THE NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, REP. BY ITS DIVISIONAL CONTROLLER, NWKRTC, HUBBALLI DIVISION, HUBBALLI. …RESPONDENT (BY SRI. PRASHANT HOSAMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASH THE AWARD AND ORDER PASSED IN KID NO.67/2016 DATED 23.04.2018 BY THE PRESIDING OFFICER, LABOUR COURT HUBBALLAI MARKER AT ANNEXURE-A AND FURTHER SET ASIDE THE ORDER PASSED BY THE RESPONDENT IN Vakarasa/Huvi/Nemaka/Gaiha/120(14)/495 DATED 20.03.2015 MARKED AT ANNEXURE-B & ETC., 2 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. The petitioner, Trainee Driver-cum- Conductor has filed this petition questioning the award dated 23.4.2018 passed in KID No.67/2016 by the Labour Court, wherein his claim questioning his removal from service dated 20.03.2015 is rejected. 2. Today, the petitioner-workman along with his counsel are present. The respondent represented by Law Officer along with learned counsel Sri. Prashant Hosamani are present. The parties are duly identified by their respective counsel and they have filed a joint memo of settlement, which reads as under: “The parties to the petition have settled their claims before Lok Adalat on the following terms: The WP filed against the award in KID No.67/2016 dated 23.04.2018 on the file of the Presiding Officer, Labour Court Hubballi is set-aside. 3 The removal order bearing No.VAKARSA/HUVI/NEMAKA/GAIHA/120(14) 495 dated 20.3.2015 has been settled between the parties on the following terms and the award may kindly be modified as under: a) The respondent/Corporation has agreed to take the petitioner into service as a fresh trainee from the date of reporting, training will be for 1 year. b) The petitioner to be placed on promotion for a period of 2 years on completion of 1 year of training. c) The respondent/Corporation agreed to take the petitioner into service as fresh trainee within four months from the date of receipt of this order. d) The petitioner agreed that the period of service rendered by the petitioner prior to the order of removal dated 20.03.2015 would not be considered for any purpose. e) The settlement is arrived without prejudice to the contention taken by the respondent/Corporation that trainee is not a workman under the provision of the ID Act and the said issue is kept open to be decided in appropriate cases. f) That the contents of this joint memo are read over and explained to the petitioner in Kannada language and same are true and correct and binding on the petitioner and Corporation. g) The petitioner and respondent/Corporation on their free wish and will agreeing for the terms and conditions of this joint memo have signed the joint memo. 4 3. The said joint memo is placed on record. In terms of the joint memo, the respondent/Corporation shall reinstate the petitioner into service as fresh trainee Driver- cum-Conductor without any backwages within a period of two months from the date of receipt of copy of this order. It is agreed between the parties that the past service of the petitioner will not be considered for any benefits. The petitioner would be placed on probation for a period of two years on completion of one year training. 4. Accordingly, the writ petition stands disposed off in terms of joint memo. Sd/- JUDGE Sd/- MEMBER JTR CT:VP 5 6