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2025 DAILYLAW 57874 (KAR)

THE DIVISION CONTROLLER v. SRI DAYANANDA B G

WP/15089/2023 · 2025-04-26

Lok Adalath

body2025

Judgment text

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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.15089/2023 (Lok Adalat No.185/2024) BETWEEN: THE DIVISION CONTROLLER BMTC, NORTH EAST REGIION, CENTRAL OFFICE, K.H.ROAD, BENGALURU-560027. NOW REPRESENTED BY ITS CHIEF LAW OFFICER, BMTC, CENTRAL OFFICE, K.H.ROAD, BANGALORE-560027. ...PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: SRI. DAYANANDA B.G., S/O B.M. GOVINDAPPA, AGED ABOUT 36 YEARS, R/O UTTANURU VILLAGE AND POST, MULABAGILU TALUK, 2 KOLAR DISTRICT-563127. …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 ORDER ON PRELIMINARY ISSUE ANNEXURE- B DATED 18/12/2021 PASSED BY THE IIND ADDL. LABOUR COURT BENGALURU IN ID NO.25/2020 AND TO QUASH THE AWARD ANNEXURE-A DATED 23/01/2023 PASSED BY THE IIND ADDL. LABOUR COURT BENGALURU IN ID NO.25/2020. THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCIALIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the Order on Preliminary Issue dated 18.12.2021 passed by the II Additional Labour Court, Bengaluru in ID No. 25/2020 [ANNEXURE-B] and to quash the Award dated 23.01.2023 passed by the II 3 Additional Labour Court, Bengaluru in ID No.25/2020 [ANNEXURE-A]. 2. 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 to reinstate the workman into service with continuity of service for terminal benefit only without consequential benefits and without backwages from the date of dismissal till the date of reinstatement withholding two ensuing annual increment with cumulative effect. 2. He is also not entitled for the benefits like gratuity for the absent period. 3. He is entitled for notional pay fixation and not entitled for arrears. 4. Revised Pay fixation, if any shall be effected from 01/05/2025. 3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 4 23.01.2023 passed by the II Additional Labour Court, Bengaluru in ID No.25/2020 [ANNEXURE-A]. Sd/- JUDGE Sd/- MEMBER NV 5 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 15089/2023 (LOK ADALATH NO. 185/2024) BETWEEN: THE DIVISIONAL CONTROLLER, BMTC ... Petitioner AND: SRI. DAYANANDA B G ... Respondent JOINT MEMO The WP filed against the award in ID No. 25/2020 Dated 23/01/2023 on the file of the Second Additional Labour court, BENGALURU has been settled between the parties on the following terms and the award may kindly be modified as under: 1. The Petitioner-Corporation to reinstate the workman into service with continuity of service for terminal benefit only without consequential benefits and without backwages from the date of dismissal till the date of reinstatement withholding two ensuing annual increment with cumulative effect. 2. He is also not entitled for the benefits like gratuity for the absent period. 3. He is entitled for notional pay fixation and not entitled for arrears. 4. Revised Pay fixation, if any shall be effected from 01/05/2025. 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