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2025 DAILYLAW 51225 (KAR)

THE DIVISIONAL CONTROLLER v. SRI R M JAGADISH

WP/11868/2024 · 2025-04-28

Lok Adalath

body2025

Judgment text

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1 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.11868/2024 (Lok Adalat No.3908/2025) BETWEEN THE DIVISION CONTROLLER BMTC, SOUTH ZONE CENTRAL OFFICE K H ROAD BENGALRU 560027 NOW REPRESETNED BY ITS CHIEF LAW OFFICER BMTC, CENTRAL OFFICE K H ROAD BANGALORE 560027. ...PETITIONER (BY SRI. HAREESH BHANDARY T, ADVOCATE) AND SRI R M JAGADISH S/O SOMSHEKAR AGED ABOUT 42 YEARS R/O NO 43 MARUTHI NILAYA NEAR LAKSHMI TEMPLE RAVUTHANAHALLI KITTANAHALLI POST DASANAPURA HOBLI BENGALURU NORTH DISTRICT 562130. &RESPONDENT (BY SRI. RAJASHEKHAR K, ADVOCATE) 2 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 20/12/2023 PASSED BY THE III ADDL. LABOUR COURT BAGNALORE IN REF. NO. 57/2019 VIDE ANNEXURE-A AND ETC., 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 20.12.2023 passed by the III Addl. Labour Court, Bengaluru in Ref. No.57/2019 vide Annexure-A. After negotiations, the parties have arrived at settlement. Accordingly, both the parties have filed a Joint Memo duly signed before the Lok Adalath. The said Joint Memo reads as follows: 1. The Petitioner 3 Corporation to reinstate the workman into service without continuity of service for delay period i.e., from 2015 till 2019 and without consequential benefits from the 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 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 Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 20.12.2023 passed by the III Addl. Labour Court, Bengaluru in Ref. No.57/2019 vide Annexure-A, and directing the petitioner to settle the respondent's entitlement as agreed as expeditiously as possible but within an outer limit of four[4] months from today. Sd/- JUDGE Sd/- MEMBER NV 4 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 11868/2024 (LOK ADALATH NO. 3908/2025) BETWEEN: THE DIVISIONAL CONTROLLER ... Petitioner AND: SRI R M JAGADEISH ... Respondent JOINT MEMO The WP filed against the award in Ref No. 57/2019 Dated 20/12/2023 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 to reinstate the workman into service without continuity of service for delay period i.e., from 2015 till 2019 and without consequential benefits from the 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