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2026 DAILYLAW 8844 (KAR)

THE DIVISIONAL CONTROLLER v. SRI RAMESH BIRADAR

WP/21750/2025 · 2026-03-10

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14434 WP No. 21750 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 21750 OF 2025 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER BMTC, EAST ZONE/ DIVISION, CENTRAL OFFICE, K.H.ROAD 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. B L SANJEEV., ADVOCATE) AND: SRI RAMESH BIRADAR S/O MANOHAR Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14434 WP No. 21750 of 2025 AGED ABOUT 40 YEARS, R/AT MULASAVALAGI VILLAGE AND POST SINDAGI TALUK VIJAYAPURA DISTRICT - 586 127 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS OF THE PROCEEDINGS OF THE II ADDITIONAL LABOUR COURT, BANGALORE PERTAINING TO ID NO.243/2021, WHICH HAS CULMINATED IN ITS AWARD DATED 09/01/2025 PRODUCED AT ANNEXURE-E, B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE AWARD DATED 09/01/2025 PASSED BY THE II ADDITIONAL LABOUR COURT, BANGALORE IN ID NO.243/2021, PRODUCED AT ANNEXURE-E, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *** - 3 - HC-KAR NC: 2026:KHC:14434 WP No. 21750 of 2025 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed for assailing the award dated 09.01.2025 passed by the II Additional Labour Court, Bengaluru. In terms of the said award, the claim under Section 2-A read with Section 10(4-A) (Karnataka Amendment), Industrial Disputes Act, 1947 read with 10-B of the Industrial Disputes (Karnataka) Rules, 1957 is partly allowed. 2. The dismissal order dated 21.04.2021 passed by the employer is set aside. The Labour Court also directed for continuity of service, and further directed to deduct one annual increment without cumulative effect. 3. Aggrieved by the said award, the petitioner- employer is before this Court. 4. Learned counsel for the petitioner is present. The respondent is present in person. - 4 - HC-KAR NC: 2026:KHC:14434 WP No. 21750 of 2025 5. The respondent is said to be the employee of the petitioner and the learned counsel for the petitioner submits that, the person who is present before the Court is employee of the petitioner based on the identity card issued by the petitioner. 6. Joint memo is filed reporting settlement, and the terms of the joint memo dated 12.09.2025 read as under: “Both the parties have agreed to settle the dispute in the following terms and conditions: 1. The Respondent agrees to be 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. - 5 - HC-KAR NC: 2026:KHC:14434 WP No. 21750 of 2025 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 basis of memo filed and recorded in final order dt: 10.02.2023 in W.P.No.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.” 7. It is agreed that the respondent will undergo the penalty of postponement of one annual increment without cumulative effect for two years from the date of reporting to the work on the basis of memo filed and recorded in the final order dated 10.02.2023 in W.P.No.11160/2022. - 6 - HC-KAR NC: 2026:KHC:14434 WP No. 21750 of 2025 8. Accordingly, the party-in-person/respondent submits that he has voluntarily entered into settlement. This Court does not find any reason to reject the proposal for settlement. 9. Accordingly, the Writ Petition is disposed of in terms of joint memo. Sd/- (ANANT RAMANATH HEGDE) JUDGE SSB