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2025 DAILYLAW 51637 (KAR)

RAJENDRA v. THE DIVISIONAL CONTROLLER

WP/14347/2024 · 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.14347/2024 (Lok Adalat No.4751/2025) C/W W.P.No. 24459/2023 (Lok Adalat No.4751A/2025) IN W.P.No. 14347/2024 BETWEEN: 1 . RAJENDRA S/O LATE HANUMANTHARAYA AGED ABOUT 48 YEARS R/A HITTALASIRURU AT AND POST ALANDA TALUK BALABURGI DISTRICT 585 213. ...PETITIONER (BY SRI. M C BASAVARAJU., ADVOCATE) AND: 1 . THE DIVISIONAL CONTROLLER AND DIVISIONAL AUTHORITY 2 BMTC WEST DIVISION, KENGERI BANGALORE 560 060 &RESPONDENT (BY SRI. B L SANJEEV., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD PASSED BY THE 1ST ADDL. LABOUR COURT AT BANGALORE IN REF. NO. 6/2019 DTD 16.03.2023 VIDE ANNEXURE-B TO THIS WP IN SO FOR AS DENIAL OF CONTINUITY OF SERVICE, CONSEQUENTIAL BENEFITS, TWO ANNUAL INCREMENTS WITHOUT CUMULATIVE EFFECT AND BACKWAGES ARE CONCERNED AND ETC., IN W.P.No. 24459/2023 BETWEEN: 1 . THE DIVISIONAL CONTROLLER B M T C WEST DIVISION, KENGERI, BANGALORE 560060 HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, B M T C CENTRAL OFFICES, K H ROAD, SHANTHI NAGAR, BANGALORE 560027. ...PETITIONER (BY SRI. B L SANJEEV., ADVOCATE) 3 AND: 1 . SRI. RAJENDRA S/O LATE HANUMANTHARAYA, AGED ABOUT 47 YEARS, R/A HITLA SHIRURU AT AND POST, ALANDA TALUK, KALABURGI DISTRICT 585213. &RESPONDENT (BY SRI. M C BASAVARAJU., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE PROCEEDINGS OF THE FIRST ADDITIONAL LABOUR COURT, BANGALORE PERTAINING TO REF.NO.06/2019 WHICH HAS CULMINATED IN ITS AWARD DTD 16.03.2023 PRODUCED AT ANNEXURE-F AND ETC., THESE WRIT PETITIONS COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCIALIATION ORDER IS PASSED: CONCILIATION ORDER In these petitions, the petitioners have prayed for quashing the Award dated 16.03.2023 passed by the 4 I Additional Labour Court, Bangalore in Reference No.6/2019 [Annexures - B and F respectively]. After negotiations, the parties have arrived at settlement. 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 agreed to reinstate the workman into service without any benefits from date of dismissal till the date of reinstatement by withholding of two 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. 5. Writ Petition 14347/2024 filed by workman is dismissed. 5 Accordingly, these Writ Petitions are disposed of in terms of the Joint Memo modifying the Award dated 16.03.2023 passed by the I Additional Labour Court, Bangalore in Reference No.6/2019 [Annexures - B and F respectively] . Sd/- JUDGE Sd/- MEMBER NV 6 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 14347/2024 (LOK ADALATH NO. 4751/2025) C/W WP. NO.24459/2023 (LOK ADALATH NO. 4751A/2025) BETWEEN: SRI RAJENDRA ... Petitioner AND: THE DIVISIONAL CONTROLLER ... Respondent JOINT MEMO The WP filed against the award in Ref No. 6/2019 Dated 16/03/2023 on the file of the 1st 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 two 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. 5. Writ Petition 14347/2024 filed by workman is dismissed. 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