HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF MARCH, 2024 CONCILIATORS PRESENT:
THE HON’BLE MRS.JUSTICE K.S. HEMALEKHA &
SRI. P.D. SUBRAMANYA, MEMBER W.P.No.24212/2022 (LK)
(Lok Adalath No. 1641/2024)
BETWEEN:
The Divisional Controller, Karnataka State Road Transport Corporation, Davanagere Division, , Davanagere-577 001. ...PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE (NOC))
AND:
Sri. K.G. Chandra Naika S/o Late Govinda Naika, Aged about 37 years, R/o Kondajji – 577 515, Hosadurga Taluk, Chitradurga District. …RESPONDENT (BY SRI. S.P. RAMESHA, ADVOCATE )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 23.08.2017 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE (KID), DAVANAGERE IN KID 10-4A NO. 30/2015 VIDE ANNEXURE ‘A’
AND ETC.
THE PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
In this petition, the petitioner has prayed for quashing the Order dated
23.08.2017 passed by Principal District and Sessions Judge and Special Judge (KID), Davanagere in KID 10-4a No.30/2015 vide Annexure ‘A’ and also order dated 31.12.2021 passed by the Principal District and Sessions Judge and Special Judge (KID), Davanagere in KID No. 30/2015 vide Annexure ‘B’.
2. After negotiations, the parties have arrived at settlement. Accordingly, both the parties have filed a Joint Memo duly signed before the Lok Adalath.
The said Joint Memo reads as follows :
“The petitioner – KSRTC has agreed to reinstate the respondent –
workman into service with continuity of service, without backwages and without consequential benefits from the date of dismissal till the date of actual reinstatement.
The Respondent – workman has agreed to give-up 50% backwages awarded by the Labour Court and agreed for the said settlement. Further, the absent period will be treated as not a continuous service under Section 2A of the Gratuity Act. The pending default cases, if any, which are filed will be re-
opened”.
3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 23.08.2017 passed by the Principal District and Sessions Judge and Special Judge (KID), Davanagere in KID 10-4A No.
30/2015 vide Annexure ‘A’.
Sd/-
JUDGE Sd/-
MEMBER Rbv*
HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU WP. NO. 24212/2022 (LOK ADALATH NO. 1641/2024)
BETWEEN:
THE DIVISIONAL CONTROLLER, KSRTC ... Petitioner AND:
SRI. K.G. CHANDRA NAIKA ... Respondent JOINT MEMO The WP filed against the award in KID 10-4A No. 30/2015 Dated 23.08.2017 on the file of the The Principal District And Sessions Judge And Special Judge (Kid), Davanagere, has been settled between the parties on the following terms and the award may kindly be modified as under:
“The petitioner – KSRTC has agreed to reinstate the respondent – workman into service with continuity of service, without backwages and without consequential benefits from the date of dismissal till the date of actual reinstatement.
The Respondent – workman has agreed to give-up 50% backwages awarded by the Labour Court and agreed for the said settlement. Further, the absent period will be treated as not a continuous service under Section 2A of the Gratuity Act. The pending default cases, if any, which are filed will be re-opened”.
The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 01/03/2024 at Bengaluru Bench.
SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT
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