- 1 - HC-KAR NC: 2025:KHC-D:12596 WP No. 105129 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105129 OF 2025 (S-KSRTC) BETWEEN: MANJUNATH S/O. LAXMAPPA RAJANAL, AGED ABOUT 33 YEARS, OCC. DRIVER, NWKRTC, RAMADURG DEPOT, RAMADURG, DIST. BELAGAVI-591123. …PETITIONER (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: 1. THE MANAGING DIRECTOR DIVISIONAL OFFICER, NWKRTC GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580030. 2. THE DIVISIONAL CONTROLLER DHARWAD RURAL DIVISION, NWKRTC, DHARWAD-580004. 3. THE DEPOT MANAGER NWKRTC, RAMADURG DEPOT, RAMADURG, DIST. BELAGAVI-591123. …RESPONDENTS (BY SRI. P.N. HOSAMANE, ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 1ST RESPONDENT TO Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12596 WP No. 105129 of 2025 PERMIT THE PETITIONER TO DISCHARGE HIS DUTIES IN ALTERNATIVE EMPLOYMENT BY CONSIDERING THE REPRESENTATIONS DATED 22-10-2024 AND 02-06-2024 VIDE ANNEXURE-G AND G1 AND TO RELEASE HIS SALARIES DUE FROM SEPTEMBER-2024 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation “For the Nation” 90 days’ drive. Mr. B.D. Hiremath was appointed as the Mediator in the present case. 2. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memorandum has been filed, recording the terms of the compromise, which reads as under: “The above writ petition was filed seeking for direction for consider representation and Continue his lighter job, vide Annexure-G and G1 - 3 - HC-KAR NC: 2025:KHC-D:12596 WP No. 105129 of 2025 During the pendency of the writ petition, the parties have amicably settled the dispute involved herein on the following terms and conditions, in order to put a quietus to the litigation: 1. The Management/Corporation shall refer the Petitioner-Workman to the Medical Board of the concerned district with a request to issue a Medical Certificate, in terms of the directions issued in W.P. No. 102082/2024 disposed of on 12.06.2024, and in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 and the Rules, 2017 framed thereunder. This exercise shall be completed within Eight (8) weeks from the date of receipt of a copy of this order. 2. The Respondent-Corporation has agreed to continue the Petitioner-Workman in a lighter job until the aforesaid exercise is completed and fresh orders are passed by the Management on the basis of the Medical Certificate. However, if the Workman fails to furnish the Medical Certificate/report for any reason whatsoever, the Corporation shall be at liberty to take an appropriate decision in the matter. 3. Upon receipt of the Medical Certificate/opinion from the Medical Board, the Corporation/Management shall assign the Petitioner-Workman to a lighter job in accordance with the recommendations made therein. It is further agreed that disabled employees, after furnishing the Medical Certificate, shall not be required to appear before any Committee at the Central Office. 4. After the issuance of the Medical Certificate by the Medical Board, the Management has agreed to act strictly in accordance with the said - 4 - HC-KAR NC: 2025:KHC-D:12596 WP No. 105129 of 2025 certificate and to take an appropriate decision in the matter. 5. If either party is aggrieved by the Medical Certificate/report issued by the Medical Board, such party may prefer an appeal under the provisions of the Rights of Persons with Disabilities Act, 2016, or in any other manner known to law. 6. The decision of the Management shall be communicated to the Petitioner-Workman immediately upon receipt of the Medical Certificate/report from the Medical Board along with copy of disability certificate. Until such fresh orders are passed on the basis of the Medical Certificate, the Petitioner-Workman shall continue in the lighter job. 7. The settlement so arrived at is fair, reasonable, and in accordance with law. It is in the interest of both parties and does not offend any statutory provision. WHEREFORE, both parties respectfully pray that this Hon'ble Court may be pleased to dispose of the above writ petition in terms of the aforesaid settlement, in the interest of justice and equity.” 3. Accepting the joint memorandum, the petition is disposed of in accordance with the settlement reached between the parties. - 5 - HC-KAR NC: 2025:KHC-D:12596 WP No. 105129 of 2025 4. This Court records its appreciation for the efforts of the learned Mediator Mr. B.D. Hiremath in amicably resolving the dispute. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa List No.: 4 Sl No.: 2