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2025 DAILYLAW 7701 (KAR)

SRI. UMESH S/O MURALIDHAR MOHITE v. THE DIVISION CONTROLLER

WP/102309/2021 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 08T H DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S.G. PANDIT AND SHRI R.H. ANGADI, MEMBER WP.No.145226/2020(L-KSRTC) C/W WP.No.102309/2021(L-KSRTC) LOK ADALAT No.103/2025 IN WP NO.145226/2020: BETWEEN THE DIVISIONAL CONTROLLER, NWKRTC, CHIKKODI DIVISION, DIVISIONAL OFFICE CHIKKODI, R/BY ITS CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. ...PETITIONER (BY SRI. LINGRAJ MARADI, ADVOCATE) AND SHRI UMESH MURALIDHAR MOHITE, AGE: 31 YEARS, OCC: NIL, NEAR SHIVAJI CIRCLE, BARAPETH GALLI, AT POST: JAMAKHANDI, DIST: BAGALKOT-587301. …RESPONDENT (BY SRI. M.S. HARAVI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, 2 ORDER OR DIRECTION TO SET ASIDE THE ORDER DATED 19.10.2019 PASSED BY PRESIDING OFFICER, LABOUR COURT BELAGAVI IN REFERENCE NO.6/2019 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY & ETC., IN WP NO.102309/2021: BETWEEN: SRI. UMESH S/O. MURALIDHAR MOHITE, AGE. 34 YEARS, OCC. JUNIOR ASSISTANT-CUM-TYPIST, NWKRTC, CHIKKODI DVN, CHIKKODI, NEAR SHIVAJI CIRCLE, BARAPETH GALLI, JAMAKHANDI, DIST. BAGALKOT-587301. ...PETITIONER (BY SRI. M.S. HARAVI, ADVOCATE) AND THE DIVISION CONTROLLER, NWKRTC CHIKKODI DIVISION, DIVISIONAL OFFICE, CHIKKODI, DIST. BELAGAVI-591201. …RESPONDENT (BY SRI. LINGRAJ MARADI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE AWARD PASSED BY THE LABOUR COURT BELAGAVI IN REFERENCE NO.06/2019 DATED 19.10.2019 INSOFAR AS DENYING BACK WAGES IS CONCERNED AS PER ANNEXURE-A & ETC., THESE WRIT PETITIONS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER 1. The claimant as well as Management are before this Court in the above two writ petitions. The claimant is before this Court questioning the denial of backwages and other consequential benefits, whereas, the Management of NWKRTC is before this Court questioning the setting aside order of dismissal dated 8.2.2011. 2. Today, the claimant along with his counsel are present. The Management of NWKRTC represented by Chief Law Officer along with learned counsel Sri. Lingaraj Maradi are present. The parties are duly identified by their respective counsel and they have filed a joint memo of settlement, which reads as under: JOINT MEMO OF SETTLEMENT The WP filed against the award in Ref No. 06/19 dated 01-12-2021 on the filed of the Labour Court, Belagavi, has been settled between the parties on the following terms and the award may kindly be modified as under. 1) The Corporation has agreed to take the Respondent into service as a fresh trainee from the date of reporting / working pursuant to the interim 4 order passed in the above writ petition, training will for 1 year. 2) The Respondent to be placed on probation for a period of 2 years on completion of 1 year of trainee. 3) The period of service rendered by the employee / trainee prior to the order of removal would not be considered for any purpose. 4) The Respondent is not entitled for difference of wages from the date of probation till the date of settlement, however they are entitled to get notional pay fixation from the date on which they are brought on probation. 3. The said joint memo is placed on record. In terms of the joint memo, the Corporation shall reinstate the petitioner/employee into service as fresh trainee Junior Assistant-cum-Typist on probation for a period of two years on completion of one year training. It is agreed between the parties that the past service of the petitioner/employee will not be considered for any future benefits. The petitioner/employee is not entitled for difference of wages from the date of probation till date of settlement. 5 4. Accordingly, the writ petitions stand disposed off in terms of joint memo. Sd/- JUDGE Sd/- MEMBER JTR CT:VP 6 7