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2025 DAILYLAW 57890 (KAR)

THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY v. SRI. HANUNATHARAYAPPA M T

WP/631/2024 · 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.631/2024 (Lok Adalat No.4314/2025) BETWEEN: THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY BMTC, NORTH-EAST ZONE, CENTRAL OFFICE, SHANTHINAGAR BENGALURU - 560027 NOW REPRESENTED BY BY ITS CHIEF LAW OFFICER BMTC CENTRAL OFFICE K.H. ROAD, SHANTHINAGAR BENGALURU - 560 027. ...PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: SRI. HANUNATHARAYAPPA M.T. S/O THIMMAIAH AGED ABOUT 41 YEARS 2 RESIDING AT MALLEKAVU VILLAGE AND POST KORATAGERE TALUK TUMKUR DISTRICT-572129. …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 DATED 16/09/2022 PASSED BY THE II ADDL. LABOUR COURT, BENGALURU IN I.D. NO.20/2020 AT ANNEXURE-A. THE AWARD 29/05/2023 PASSED BY THE II ADDL. LABOUR COURT, BENGALURU IN I.D. NO. 20/2020 AT ANNEXURE-B. 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 dated 16.09.2022 passed by the II Additional Labour Court, Bengaluru in I.D. No.20/2020 [Annexure-A] and the Award dated 29.05.2023 passed by the II Additional Labour Court, Bengaluru in I.D. No.20/2020 [Annexure-B]. 3 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 without continuity of service, without consequential benefits and without backwages from the date of dismissal till the date of reinstatement, by withholding three 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 29.05.2023 passed by the II Additional Labour Court, Bengaluru in I.D. No.20/2020 [Annexure-B]. Sd/- JUDGE Sd/- MEMBER NV 5 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 631/2024 (LOK ADALATH NO. 4314/2025) BETWEEN: THE DIVISIONAL CONTROLLER &, DISCIPLINARY AUTHORITY, BMTC ... Petitioner AND: SRI. HANUMANTHARAYAPA M T ... Respondent JOINT MEMO The WP filed against the award in ID No.20/2020 Dated 29/5/2023 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 without continuity of service, without consequential benefits and without backwages from the date of dismissal till the date of reinstatement, by withholding three 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