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2025 DAILYLAW 78286 (KAR)

MR G S SHIVARAJ KUMAR v. THE DIVISIONAL CONTROLLER

WP/58413/2015 · 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.58413/2015 (Lok Adalat No.6651/2025) BETWEEN: MR. G.S. SHIVARAJ KUMAR AGED ABOUT 28 YEARS S/O SRI. JAYASHANKARAIAH SHETTY R/AT NO.3, AIGE KRISHNAIAH BUILDING, NAIKU GALI BHAVI ROAD, GOWDARA EEDI, CHICKPET, TUMAKURU-562 101. ...PETITIONER (BY SRI. NAIK V,S., ADVOCATE) AND: THE DIVISIONAL CONTROLLER KSRTC, CHICKBALLAPURA DIVISION, CHIKKABALLAPURA-562 101. …RESPONDENT (BY SMT. H.R.RENUKA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 2 QUASH THE AWARD PASSED BY THE SECOND ADDITIONAL LABOUT COURT, BENGALURU, IN I.D.NO.117/2014 DATED 05.09.2015 THE CERTIFIED COPY OF WHICH IS MARKED AS ANNX-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 Award dated 05.09.2015 passed by the II Additional Labour Court, Bengaluru in I.D. No.117/2014 vide Annexure-B. 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 corporation has agreed to take the petitioner into service as a fresh trainee from the date of reporting for a period of 1 year. 2. The Respondent to be placed on probation for 3 a period of 2 years on successful completion of 1 year of training. 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 settlement is arrived without prejudice to the contentions taken by the corporation that the trainee is not a workman under the provisions of I D Act and the said issue is kept open to be decided in appropriate cases. 5. The parties to the proceeding have agreed for the above terms. 3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 05.09.2015 passed by the II Additional Labour Court, Bengaluru in I.D. No.117/2014 vide Annexure-B. Sd/- JUDGE Sd/- nv MEMBER 4 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 58413/2015 (LOK ADALATH NO. 6651/2025) BETWEEN: MR G S SHIVARAJKUMAR ... Petitioner AND: THE DIVISIONAL CONTROLLER …Respondent JOINT MEMO The WP is filed against the award in ID.No.117/2014 dated 05.09.2015 on the file of the II 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 corporation has agreed to take the petitioner into service as a fresh trainee from the date of reporting for a period of 1 year. 2. The Respondent to be placed on probation for a period of 2 years on successful completion of 1 year of training. 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 settlement is arrived without prejudice to the contentions taken by the corporation that the trainee is not a workman under the provisions of I D Act and the said issue is kept open to be decided in appropriate cases. 5. The parties to the proceeding have agreed for the above terms 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