Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 51768 (KAR)

THE DIVISIONAL CONTROLLER v. SRI R NARASIMHAMURTHY

WP/51712/2015 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON'BLE MR. JUSTICE B M SHYAM PRASAD & SRI. B.S. PRASAD, MEMBER W.P. No.51712/2015 (Lok Adalat No.930/2025) BETWEEN: THE DIVISIONAL CONTROLLER/ APPOINTING AUTHORITY KSRTC, TUMKUR DIVISION, TUMKUR - 572 103. NOW REPRESENTED BY ITS CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICE SHANTHINAGAR SARIGE SADANA BENGALURU - 560 027. (BY SRI A.C. BALARAJ, ADVOCATE ) ...PETITIONER AND: SRI R. NARASIMHAMURTHY S/O. SRI RAMACHANDRAPPA AGED ABOUT 32 YEARS 2 R/AT KRISHNAPPA VILLAGE CHINNENAHALLI POST-572 133 MIDIGESHI HOBLI MADHUGIRI TALUK TUMKUR DISTRICT. &RESPONDENT (BY SRI. M.C. BASAVARAJU, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD DATED 10.04.2015 PASSED BY THE PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BANGALORE IN I.D.NO.140/2014 PRODUCED VIDE ANNEXURE-G. THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the Award dated 10.04.2015 passed by the Principal Labour Court, Bengaluru in I.D. No.140/2014 vide Annexure-G. After negotiations, the parties have arrived at settlement. Both the parties have filed a Joint Memo duly 3 signed before the Lok Adalath. The said Joint Memo reads as follows: "1. The Corporation has agreed to take the Respondent into service as a fresh trainee from the date of reporting/working pursuant to the interim order passed in the above writ petition, training will for 1 year. 2. The Respondent to be placed on probation for a period of 2 years on successful completion of 1 year of training. 3. The period of service rendered by the employee/trainee prior to the order of removal would not be considered for any purpose. 4. The Respondent is not entitled for difference of wages from the date of probation till the date of settlement, however they are entitled to get notional pay fixation from the date on which they are brought on probation, if he is eligible. 5. The settlement is arrived without prejudice to the contentions taken by the corporation that the trainee is not a workman under the provisions of ID Act and the said issue is kept open to be decided in appropriate cases." 4 Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 10.04.2015 passed by the Principal Labour Court, Bengaluru in I.D. No.140/2014 vide Annexure-G. Sd/- JUDGE Sd/- MEMBER AN/- 5 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 51712/2015 (LOK ADALATH NO. 930/2025) BETWEEN: THE DIVISIONAL CONTROLLER, APPOINTING AUTORITY, ... Petitioner AND: SRI. R. NARASIMHAMURTHY ... Respondent JOINT MEMO The WP filed against the award in ID.No.1403/2014 dated 10.4.2015 on the file of the Labour Court, Bangaluru has been settled between the parties on the following terms and the award may kindly be modified as under: 1. The Corporation has agreed to take the Respondent into service as a fresh trainee from the date of reporting/working pursuant to the interim order passed in the above writ petition, training will for 1 year. 2. The Respondent to be placed on probation for a period of 2 years on successful completion of 1 year of training. 3. The period of service rendered by the employee/trainee prior to the order of removal would not be considered for any purpose. 4. The Respondent is not entitled for difference of wages from the date of probation till the date of settlement, however they are entitled to get notional pay fixation from the date on which they are brought on probation, if he is eligible. 5. The settlement is arrived without prejudice to the contentions taken by the corporation that the trainee is not a workman under the provisions of I D Act and the said issue is kept open to be decided in appropriate cases. The parties to the proceedings have agreed for the above terms. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of conciliators on this 26.04.2025 at Bengaluru Bench. Sd/- Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT