THE DIVISIONAL CONTROLLER v. SHANKARANNA S/O. MALLAPPA CHINCHOLI
WP/105305/2015 · 2025-11-21
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53266 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53266 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16068 WP No. 105305 of 2015
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.105305 OF 2015 (L-KSRTC) BETWEEN:
THE DIVISIONAL CONTROLLER, NEKRTC, BALLARI DIVISION, BALLARI, PRESENTLY R/BY THE CHIEF LAW OFFICER, NEKRTC, CENTRAL OFFICES, SAREGE SADAN, KALABURGI.
…PETITIONER (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
SRI. SHANKARANNA S/O. MALLAPPA CHINCHOLI AGE: 40 YEARS, OCC: NIL, R/O. AT-POST: VADAVADAGI, TQ: BASAVANABGEWADI, DIST: VIJAYAPURA.
…RESPONDENT (BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE AWARD DATED 29.09.2014 PASSED BY THE LABOUR COURT, HUBLI AT:HUBLI IN KID NO.105/2013 PRODUCED HEREWITH AS ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.27 12:54:41 +0530
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HC-KAR NC: 2025:KHC-D:16068 WP No. 105305 of 2015
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
This petition is filed assailing the award dated 29.09.2014 in KID No.105/2013 on the file of the Labour Court at Hubballi. In terms of the award, the order dated 30.05.2012 terminating the respondent from employment is set-aside. The employer is
directed to reinstate the employee (trainee driver cum conductor) without backwages, without continuity of service and without consequential benefits.
2. The workman has accepted the award. The employer/Corporation has filed the present petition impugning the aforementioned award.
3.
Learned counsel for the petitioner and respondent are present before the Court and jointly submit that the dispute is settled and a joint memo is filed reporting settlement.
4. The joint memo is signed by the Authorised Officer of the petitioner/Corporation as well as the respondent and the
learned counsel appearing for the petitioner and the respondent. The terms of settlement are as under:
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HC-KAR NC: 2025:KHC-D:16068 WP No. 105305 of 2015
1. The petitioner/Corporation in the aforementioned Writ petition is calling in question the order dated 29/09/2014 passed by the Labour Court Hubli in KID No.105/2013 wherein, the Labour Court had partly allowing the claim petition of the respondent and set aside the removal order dated 30/05/2012 and directed the Petitioner/Corporation to reinstate the respondent into services to his original post i.e., Traniee Driver-Cum-Conductor, further the Labour Court has declined to grant back wages, continuity of service and consequential benefits.
2. During pendency of the above writ petition parties have settled the dispute involved in the present writ petition in following terms and condition in order put an end to the litigation.
a. Though the Petitioner/Corporation has challenged the award passed by the Labour Court in KID No.105/2013, it is agreed between the parties that the Corporation will take back the respondent as a fresh trainee Driver-Cum- Conductor without back wages, continuity of service and consequential benefits. b. It is agreed between the parties that the respondent will not claim any benefit from his past service and he is agreeable to be taken into service as a fresh trainee Driver-Cum-Conductor. c. The said settlement will be implemented within 30 days from the date of the receipt of the certified copy of the
order.
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HC-KAR NC: 2025:KHC-D:16068 WP No. 105305 of 2015
d. If the parties do not abide by the aforesaid conditions, this order can be executed by filling appropriate proceedings before the court of law. e. The order dated 29/09/2014 passed by the Labour Court Hubli in KID No.105/2013 may kindly be modified as per the above terms and conditions. f. The above settlement and terms agreed upon is in accordance with law and do not offend any law of the land. It is fair and reasonable settlement in the interest of both parties and this settlement is arrived at between the party due to the peculiar facts and circumstances of the case.
WHEREFORE, the parties to the proceedings pray to dispose of the matter in the aforementioned terms and conditions, in the ends of justice and equity.
5. This Court does not find any impediment to accept the settlement as the settlement is lawful.
6. Accordingly, the impugned award is set-aside and the petition is disposed of in terms of the settlement.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
BRN, CT:VP LIST NO.: 2 SL NO.: 3