- 1 - HC-KAR NC: 2025:KHC-D:13476-DB WA No. 100144 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100144 OF 2025 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, GADAG DIVISION, DIST. GADAG. …APPELLANT (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: SRI. MARUTIGOUDA S/O. HANUMANTHGOUDA PATIL, AGE: 43 YEARS, OCC: NIL, R/O. KADLIKOPPA, MULLUR, TQ. RAMADURGA, DIST. BELAGAVI. …RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 25/04/2024 IN WP NO.112165/2017 (L-KSRTC) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:13476-DB WA No. 100144 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) The matter was referred to the Mediation Center. It is submitted by the learned counsel appearing for the appellant and respondent that the matter is amicably settled before the Mediation Center and they have drawn the memorandum of compromise. Memorandum of compromise reads as under: “1. The Petitioner Corporation has challenged the legality and correctness of the orders of the Hon'ble Learned Single Judge in WP.NO.112165/2017. The workman / Respondent was Trainee Driver cum Conductor in the Petitioner / Corporation and he was removed from service vide order dated 15-02-2014 in a pilferage case. The Respondent / workman have challenged the said removal order in KID No. 197/2014 before the Labour Court, Hubli. On detailed adjudication, the Labour Court dismissed the claim petition filed by the workman / Respondent, vide its order dated. 27-04-2017. Being aggrieved with the said orders, the Workman / Respondent filed WP. No. 112165/2017 before the Hon'ble High Court. On detailed adjudication, the Hon'ble High Court has set aside the order of the Labour Court and directed the Corporation to reinstate the workman into service with continuity of service but without backwages and further directed that the workman shall be - 3 - HC-KAR NC: 2025:KHC-D:13476-DB WA No. 100144 of 2025 treated as having appointed on probation on the completion of one year, but without financial benefits vide its order dated 25-04-2024. 2. Meanwhile the workman filed an appeal before Appellant Authority challenging the removal order. Pursuant to the same the Appellant Authority has set aside the removal order and passed an order of appointing the workman afresh as a trainee employee in the Corporation, vide its order dated 29-07-2025. 3. On detailed discussions both the parties agreed to accept the orders of appellate authority dated 29-07-2025 and the workman undertake that he will not execute the order passed in WP No. 112165/17 and he is bound by the order of the Appellant Authority. 4. The settlement is arrived without prejudice to the contention taken by the petitioner/Corporation that trainee is not a workman under provision of ID Act, and the said issue is kept open to the decided in appropriate cases. 5. That the contents of this joint memo are read over and explained to the Respondent/Workman in Kannada Language and same are true and correct and binding on the both parties. 6. The petitioner/Corporation and Respondent/ Workman on their free wish and will agreeing for the terms and conditions of this joint memo have signed the joint memo. - 4 - HC-KAR NC: 2025:KHC-D:13476-DB WA No. 100144 of 2025 WHEREFORE, both the parties pray that, the above matters may be disposed of in terms of the aforesaid joint settlement, in the ends of justice and equity.” 2. We have perused the memorandum of compromise. We accept the same, as the same is in accordance with law. Writ appeal is disposed off in terms of the memorandum of compromise. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 8