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2025 DAILYLAW 53885 (KAR)

THE DIVISIONAL CONTROLLER KSRTC v. SRI CHANDRASHEKA BARAKER

WP/34882/2024 · 2025-04-26

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 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON'BLE MR. JUSTICE B M SHYAM PRASAD & SRI. B.S. PRASAD, MEMBER W.P. No.34882/2024 (Lok Adalat No.4307/2025) BETWEEN: THE DIVISIONAL CONTROLLER KSRTC, CHIKKABALLAPUR DIVISION CHIKKABALLAPURA REPRESENTED BY THE CHIEF LAW OFFICER, KSRTC CENTRAL OFFICES K.H. ROAD, SHANTHINAGAR BENGALURU-560 027. ...PETITIONER (BY SRI. SANJEEV B.L., ADVOCATE) AND: SRI. CHANDRASHEKA BARAKER S/O. VITTAPPA BARAKER AGED ABOUT 44 YEARS HERAKAL VILLAGE 2 BILAGI TALUK BAGALKOTE DISTRICT-587 102. …RESPONDENT (BY SRI. SHEKAR L., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 10/08/2023 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA IN ID NO.13/2021, PRODUCED AT 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 10.08.2023 passed by the Principal District and Sessions Judge at Chikkaballapura in ID No.13/2021, produced at Annexure-G. 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: 3 "The petitioner – Corporation agreed to reinstate the Respondent – workman into service with continuity of service, without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement, by withholding of 3 increments with cumulative effect. The Respondent is not entitled for the difference of wages from the date of reinstatement till the date of settlement. The suspension period will be treated as not on duty, he is not entitled for gratuity as per section-2A of the Gratuity Act, Pending default cases if any, which are filed will be reopened." Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 10.08.2023 passed by the Principal District and Sessions Judge at Chikkaballapura in ID No.13/2021, produced at Annexure-G. Sd/- JUDGE Sd/- MEMBER AN/- 4 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 34882/2024 (LOK ADALATH NO. 4307/2025) BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC ... Petitioner AND: SRI. CHANDRASHEKA BARAKER ... Respondent JOINT MEMO The WP filed against the award in ID No.13/2021 dated 10.08.2023 on the file of the District & Sessions Judge, Chikkaballapura has been settled between the parties on the following terms and the award may kindly be modified as under: The petitioner – Corporation agreed to reinstate the Respondent – workman into service with continuity of service, without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement, by withholding of 3 increments with cumulative effect. The Respondent is not entitled for the difference of wages from the date of reinstatement till the date of settlement. The suspension period will be treated as not on duty, he is not entitled for gratuity as per section-2A of the Gratuity Act, Pending default cases if any, which are filed will be reopened. 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