THE MANAGEMENT OF NWKRTC v. SRI MADIVALEPPA S/O BASAVANNEPPA ANGADI
WA/100145/2025 · 2025-03-08
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4554 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4554 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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
W.A.No.100145 /2025 LOK ADALAT No.104/2025
BETWEEN:
THE MANAGEMENT OF NWKRTC, HAVERI DIVISION, REP BY ITS DIVISIONAL CONTROLLER, DHARWAD DIVISION, DHARWAD, THE PETITONER IS REPRESENTED BY ITS CHIEF LAW OFFICER, NWKRTC CENTRAL OFFICER, HUBBALLI – 580 020. ...APPELLANT
(BY SHRI PRASHANT HOSAMANI, ADVOCATE)
AND:
SRI MADIVALEPPA S/O. BASAVANNEPPA ANGADI, AGE: 45 YEARS, OCC: NIL, R/O: TALEMORAB, POST: MORAB, TQ: NAVALGUNDA, DIST: DHARWAD. …RESPONDENT
(BY SHRI S.B.KAMMAR, ADVOCATE)
2 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 03.07.2024 IN W.P.NO.105751/2022(L-KSRTC) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT INSOFAR AS DIRECTING THE APPELLANT TO REINSTATE THE RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
1. This intra-Court appeal is filed by the NWKRTC challenging the order dated 3.7.2024 passed in WP No.105751/2022 by the learned Single Judge, wherein the petition filed by the NWKRTC is dismissed confirming the order passed by the Labour Court.
2. The respondent/workman was before the Labour Court in Ref.No.2/2019 questioning the
order of removal dated 14.07.2014, which was allowed by order dated 23.02.2021 by the Labour Court, Hubballi. Questioning the said order, the appellant/NWKRTC was before this Court in WP No.105751/2022. The said writ petition was dismissed by confirming order passed by the
3 Labour Court. Against which, the present appeal is filed by the NWKRTC.
3. Appellant/NWKRTC represented by Chief Law Officer Sri. Sunil M along with learned counsel Sri. Prashant Hosamani are present. The respondent/Madivaleppa Angadi along with his counsel Sri.S.B.Kammar are present. The parties are duly identified by their respective counsel and they have filed a joint memo of settlement, which reads as under: This case has been referred to Lok Adalath by the Hon'ble High Court under Sec. 20 of the Legal Services Authorities Act, 1987. The Parties to the Petition have settled their claims before the Lok Adalath on the following terms;-
1) The WP filed against the order passed in WP No. 105751/22 whereby quashing the order dated 23-02-2021 passed Presiding Officer, Labour Court, Hubballi in Ref No. 02/2019 is hereby set aside.
2) The removal order bearing No. VAKARASA/DHAVI/ GAIHA/497 (13) 1970 dated 14-07-2014 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.
4 B) The Petitioner to be placed on probation 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 14-07-2014 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 I D 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 biding 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. The said joint memo is placed on record.
In terms of the joint memo, the appellant/Corporation shall reinstate the respondent/workman into service as fresh trainee Driver-cum-Conductor within a period of two months from the date of receipt of copy of this
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order. It is agreed between the parties that the past service of the respondent/workman will not be considered for any benefits. The respondent/workman would be placed on probation for a period of two years on completion of one year training.
5. Accordingly, the writ appeal stands
disposed off in terms of joint memo.
Sd/- JUDGE
Sd/- MEMBER
JTR CT:ASC
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