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2025 DAILYLAW 55288 (KAR)

THE DIVISIONAL CONTROLLER v. SRI.BHEEMAPPA GUDIMANI

WP/9791/2022 · 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.9791/2022 (Lok Adalat No.70/2025) BETWEEN: THE DIVISIONAL CONTROLLER KSRTC, KOLAR DIVISION, DIVISION OFFICE, KOLAR 563 101. ...PETITIONER (BY SMT. RENUKA H R., ADVOCATE) AND: SRI.BHEEMAPPA GUDIMANI S/O YALAGURADAPPA AGED ABOUT 39 YEARS R/AT HANDRAL VILLAGE, LINGADALLI POST, MUDDEBIHAL TALUK 586 212 VIJAYAPURA DISTRICT …RESPONDENT (BY SRI.M.C. BASAVARAJU, ADVOCATE) 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN ID NO.37/2017 FROM THE FILE OF HONBLE PRL.DISTRICT AND SESSIONS JUDGE AND LABOUR COURT, KOLAR; SET ASIDE THE ORDER DATED 02.12.2021 PASSED BY THE HONBLE PRL.DISTRICT AND SESSIONS JUDGE AND LABOUR COURT, AT KOLAR IN ID NO.37/2017 WHICH IS ANNEXED TO THIS WRIT PETITION AS ANNEXURE-L; SET ASIDE THE ORDER DATED 18.12.2019 PASSED IN ID NO.37/2017 BY PRL.DISTRICT AND SESSION JUDGE AND LABOUR COURT, KOLAR VIDE ANNEXURE-K. 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 02.12.2021 passed by the Principal District and Sessions Judge and Labour Court at Kolar in ID No.37/2017 vide Annexure-L and the order dated 18.12.2019 passed in ID No.37/2017 by the Principal District and Sessions Judge at Kolar vide Annexure-K. 3 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: " 1. The Petitioner – Corporation agreed to reinstate the petitioner – workman into service without continuity of service, without consequential benefits and without backwages from the date of dismissal till the date of actual reinstatement. 2. The Respondent is not entitled for wages from the date of award till the date of interim order and he is also not entitled for difference of wages from the date of interim order till the date of settlement. 3. The parties to the proceedings have agreed for the above terms." Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Order dated 02.12.2021 passed by the Principal District and Sessions Judge and Labour Court at Kolar in ID No.37/2017 vide Annexure-L 4 and the order dated 18.12.2019 passed in ID No.37/2017 by the Principal District and Sessions Judge at Kolar vide Annexure-K. Sd/- JUDGE Sd/- MEMBER nv 5 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP.NO.9791/2022 (LOK ADALAT NO. 70/2025) BETWEEN THE DIVISIONAL CONTROLLER, KSRTC …Petitioner AND: SRI. BHEEMAPPA GUDIMANI …Respondent JOINT MEMO The WP filed against the award in ID.No.37/2017 dated 2.12.2021 on the file of the Principal District & Session Judge, Kolar has been settled between the parties on the following terms and the award may kindly be modified as under: 1. The Petitioner – Corporation agreed to reinstate the petitioner – workman into service without continuity of service, without consequential benefits and without backwages from the date of dismissal till the date of actual reinstatement. 2. The Respondent is not entitled for wages from the date of award till the date of interim order and he is also not entitled for difference of wages from the date of interim order till the date of settlement. 3. 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/S