THE DIVISIONAL CONTROLLER, NWKRTC v. SRI.SANTOSH S/O ANAND PAWAR
WP/102163/2021 · 2025-09-26
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52838 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52838 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13522 WP No. 102163 of 2021
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102163 OF 2021 (L-KSRTC) BETWEEN:
THE DIVISIONAL CONTROLLER, NWKRTC, BAGALKOT DIVISION, NAVANAGAR, BAGALKOTE, REPRESENTED BY ITS CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. …PETITIONER (BY SRI. LINGRAJ MARADI, ADVOCATE)
AND:
SRI.SANTOSH S/O. ANAND PAWAR, AGE: 33 YEARS, OCC. EX-CONDUCTOR, R/O. AT POST UTNAL L.T.NO.1, VIJAYAPUR TALUK AND DISTRICT-586203. …RESPONDENT (BY SRI. S.K. HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION TO SET ASIDE THE ORDER DATED 02.03.2020 PASSED BY THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOT IN I.A.NO.8/2017 PRODUCED AT ANNEXURE-A AND ETC.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:13522 WP No. 102163 of 2021
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of Certiorari or any other appropriate writ, order or direction to set aside the order dated 02.03.2020 passed by the Court of Principal District and Sessions Judge, Bagalkot in I.A.No.8/2017 produced At Annexure-A in the interest of justice and equity.
ii. Pass such other and further orders as this Hon’ble Court deems just and necessary to pass in the facts and circumstances of this case.
2. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation
“For the Nation” 90 days’ drive. Smt.Shaila Bellikatti was appointed as the Mediator in the present case.
3. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memo of settlement has been filed,
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HC-KAR NC: 2025:KHC-D:13522 WP No. 102163 of 2021
recording the terms of the compromise, which reads as under:
COMPROMISE PETITION
1. The Petitioner Corporation has challenged the legality and correctness of the orders in ID NO.08/2017 passed by Principal District and Sessions Judge Bagalkot. The workman/ Respondent was Trainee Conductor in the Petitioner/Corporation and he was removed from service vide order dated 22-04-2016 in a absenteeism case. The Respondent/workman have challenged the said removal order in ID No.08/2017 before the PRL District Court, Bagalkot. On detailed adjudication, the PRL District Court
directed to reinstate the workman into service, as a newly appointed trainee without any previous rights and in the said process, if workman completes the training period satisfactorily, henceforth, he may be considered for regular appointment vide its order dated. 02-03-2020. Being aggrieved with the said orders, the Petitioner/Corporation filed WP.No. 102163/2021 before the Hon'ble High Court. Meanwhile the workman was reinstated as per the Interim Order dated 16-06-2021 subject to result of Writ petition.
2. Further 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. 13-03-2025.
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HC-KAR NC: 2025:KHC-D:13522 WP No. 102163 of 2021
3. On detailed discussions both the parties agreed to accept the orders of appellate authority dated 13-03-2025 and the workman undertake that he will not execute the order passed in ID No 08/2017 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 I D 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.
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.
4. Accepting the joint memo of settlement, the petition is
disposed of in accordance with the settlement reached between the parties.
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HC-KAR NC: 2025:KHC-D:13522 WP No. 102163 of 2021
5. This Court records its appreciation for the efforts of the learned Mediator Smt.Shaila Bellikatti in amicably resolving the dispute.
SD/- (SURAJ GOVINDARAJ) JUDGE
gab Ct:pa List No.: 1 Sl No.: 59