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2025 DAILYLAW 74637 (KAR)

THE DIVISIONAL CONTROLLER v. SRI. MANJUNATH. L

WP/30028/2024 · 2025-07-16

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26325 WP No. 30028 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 30028 OF 2024 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER, BANGALORE MAHANAGARA TRANSPORT CORPORATION, CENTRAL OFFICE, NORTH ZONE, KH ROAD, SHANTHINAGAR, BANGALORE-560 027, HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, B.M.T.C., CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BANGALORE - 560 027. …PETITIONER (BY SRI SANJEEV B L, ADVOCATE) AND: SRI MANJUNATH L, S/O LATE LINGAIAH , AGED ABOUT 51 YEARS, R/AT MUGALURU POST, MAYASANDRA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT, PIN-572 221. …RESPONDENT (RESPONDENT IS SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE PROCEEDINGS OF THE III ADDL. LABOUR COURT, BANGALORE PERTAINING TO ID NO. 065/2021 WHICH HAS CULMINATED IN ITS AWARD DTD 30.01.2024 PRODUCED AT ANNEXURE-E AND ETC. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26325 WP No. 30028 of 2024 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This Writ Petition is filed assailing the award dated 30.01.2024 in I.D.No.65/2021 on the file of III Additional Labour Court at Bangalore. 2. In terms of the said award, the claim by first party workman is allowed in-part, penalty of dismissal is modified by directing the employer to reinstate first party with continuity of service and all other consequential benefits and by withholding one annual increment with cumulative effect. Award declined backwages. 3. Aggrieved by the said award, the petitioner - Corporation has filed the instant Writ Petition. 4. The respondent/workman has not assailed the award. Joint memo is filed reporting settlement. 5. Learned counsel for the petitioner and the officer of the petitioner - Corporation are present before the Court. - 3 - HC-KAR NC: 2025:KHC:26325 WP No. 30028 of 2024 6. Respondent-in person is present before the Court and officer of the petitioner - Corporation identifies the respondent who is the workman of the petitioner- Corporation. 7. The joint memo reads as under: JOINT MEMO "Both the parties have agreed to settle the dispute in the following terms and conditions: 1. The Respondent agreed to reinstated with continuity of service without consequential benefits, without back wages and without interim relief from the date of dismissal till the date of reporting to the work on the basis of memo filed and recorded in final order dt:10/02/2023 in W.P.No.11160/2022. Respondent agrees to forego interim relief (if any) granted in this case. 2. Respondent agrees for postponement of 1 annual increment without cumulative effect for period of 2 years which will be operative from the date of reporting to the work on the - 4 - HC-KAR NC: 2025:KHC:26325 WP No. 30028 of 2024 basis of memo filed and recorded in final order dt:10/02/2023 in W.P.11160/2022. 3. The Respondent agrees an undertaking that he will not participate or instigate others loyal employees to the strike in future and he will not absent to the duty during the strike period in his service. It is respectfully submitted that both the parties have agreed the above terms and conditions to settle the dispute and the Hon'ble Court may please be dispose the case in terms of the above Joint memo." 8. This Court has made an enquiry with the parties who are present before this Court. Respondent submits that he has entered into settlement voluntarily. 9. Learned counsel for the petitioner, petitioner and the respondent have signed the joint memo. 10. This Court does not find any impediment to accept the terms of the joint memo. Accordingly, the joint memo is accepted. - 5 - HC-KAR NC: 2025:KHC:26325 WP No. 30028 of 2024 11. Hence, the following: ORDER (i) The Writ Petition is disposed of in terms of the joint memo. (ii) The impugned award dated 30.01.2024 in I.D.No.65/2021 on the file of the Labour Court at Bangalore is modified in terms of the joint memo. (iii) The penalty imposed by the Labour Court is substituted in terms of the joint memo. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 9