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2025 DAILYLAW 50890 (KAR)

THE SENIOR DIVISIONAL CONTROLLER v. SRI. DHANANJAA

WP/14316/2024 · 2025-04-28

Lok Adalath

body2025

Judgment text

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON'BLE MR. JUSTICE B M SHYAM PRASAD & SRI. B.S. PRASAD, MEMBER W.P. No.14316/2024 (Lok Adalat No.6654/2025) BETWEEN: THE SENIOR DIVISIONAL CONTROLLER (DISCIPLINARY AUTHORITY) B.M.T.C., NORTH DIVISION, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR BENGALURU-560 027, REPRESENTED BY THE THE CHIEF LAW OFFICER, B.M.T.C., CENTRAL OFFICES, K.H.ROAD, SHANTHI NAGAR, BENGALURU-560 027. ...PETITIONER (BY SRI. B.L.SANJEEV, ADVOCATE) AND: SRI. DHANANJAYA S/O R.H. RAVYANAIK, AGED ABOUT 41 YEARS, R/AT G. RANGANAHALLI 2 SHAGADADU POST SIRA TALUK TUMAKURU DISTRICT PIN-572 135. &RESPONDENT (BY SRI. M.C. BASAVARAJU, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE AWARD DATED 15.12.2023 PASSED BY THE 3RD ADDITIONAL LABOUR COURT, BENGALURU IN REF.NO.004/2021, PRODUCED AT ANNEXURE-G. THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCIALIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the Award dated 15.12.2023 passed by the III Additional Labour Court, Bengaluru in Ref.No.004/2021 vide Annexure-G. 2. After negotiations, the parties have arrived at settlement. Both the parties have filed a Joint Memo 3 duly signed before the Lok Adalath. The said Joint Memo reads as follows: 1. The Petitioner 3 Corporation agreed to reinstate the workman into service without any benefits from date of dismissal till the date of reinstatement by withholding of one annual increment with cumulative effect. 2. He is also not entitled for the benefits like gratuity for the absent period. 3. He is entitled for notional pay fixation and not entitled for arrears. 4. Revised Pay fixation, if any shall be effected from 01/05/2025. 3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 15.12.2023 passed by the III Additional Labour Court, Bengaluru in Ref.No.004/2021 vide Annexure-G. Sd/- JUDGE Sd/- nv MEMBER 4 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 14316/2024 (LOK ADALATH NO. 6654/2025) BETWEEN: THE SENIOR DIVISONAL CONTROLLER ... Petitioner AND: SRI DHANANJAYA ... Respondent JOINT MEMO The WP filed against the award in Ref No. 04/2021 Dated 15/12/2023 on the file of the IIIrd Additional Labour court, Bengaluru has been settled between the parties at the intervention of Bench on the specific stipulation that this settlement will not be taken as a precedent on the following terms and the award be modified as under: 1. The Petitioner 3 Corporation agreed to reinstate the workman into service without any benefits from date of dismissal till the date of reinstatement by withholding of one annual increment with cumulative effect. 2. He is also not entitled for the benefits like gratuity for the absent period. 3. He is entitled for notional pay fixation and not entitled for arrears. 4. Revised Pay fixation, if any shall be affected from 01/05/2025. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of conciliators on this 28.04.2025 at Bengaluru Bench. Sd/- Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT