Bheemappa Valikar v. The Divisional Controller
Case at a glance
Outcome
Disposed of
Accordingly, these Writ Petitions are disposed of in terms of the
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 22. During the pendency of the above writ petitions, the respondent – workman died and the legal representatives of the deceased respondent were brought on record as respondent Nos. 1 to 3. After negotiations, the parties have arrived at settlement. Accordingly, both the parties have…
- Para 33. Accordingly, these Writ Petitions are disposed of in terms of the Joint Memo modifying the Award passed by the Presiding Officer, III Additional Labour Court, Bengaluru in I.D. No. 29/2016 vide Annexures ‘C’, and ‘A’ respectively. Sd/- JUDGE Sd/- MEMBER Rbv* 6 FILED BEFORE…
Judgment
(BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: Bheemappa Valikar S/o Basappa Valikar, Aged about 48 years, R/at Adavinandi Ala, 2 Sharvana Somanala, Basavana Bhagevadi, Vijayapura – 576 208, Since dead by his LRs 1(a) Smt. Meenakshi B. W/o Bhimappa Basappa Walikar, Age : 45 years. 1(b) Sridhar B. Walikar S/o Bhimappa Basappa Walikar, Age : 21 years. 1(c) Rakshitha B. Walikar, D/o Bhimappa Basappa Walikar, Age: 19 years. All are residing at : Adavi Nandihal PH, Somnal Post, Basavanabagevadi Taluk, Vijayapura District-586 208. …RESPONDENTS (BY SRI. L. SHEKAR, ADVOCATE ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD DATED 20.09.2017 PASSED BY THE III ADDL. LABOUR COURT AT BANGALORE IN I.D. NO. 29/2016 VIDE ANNEXURE ‘C’. IN W.P. No.13777/2018: BETWEEN: Bheemappa Valikar Since dead by his LRs 3
#3. Smt. Meenakshi B. W/o Bhimappa Basappa Walikar, Age : 45 years. Sridhar B. Walikar S/o Bhimappa Basappa Walikar, Age : 21 years. Rakshitha B. Walikar, D/o Bhimappa Basappa Walikar, Age: 19 years. All are residing at : Adavi Nandihal PH, Somnal Post, Basavanabagevadi Taluk, Vijayapura District-586 208. ...PETITIONERS (BY SRI. L. SHEKAR, ADVOCATE) AND: The Divisional Controller, B.M.T.C., South Division, K.H. Road, Bangalore-560 027. …RESPONDENT (BY SRI. HAREESH BHANDARY T., ADVOCATE ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED AWARD DATED 20.09.2017 PASSED BY THE PRESIDING OFFICER, III ADDL. LABOUR COURT, BANGALORE IN I.D. NO. 29/2016 IN SO FAR AS IT RELATES TO DENIAL OF 70% BACKWAGES AND WITHHOLDING OF THREE INCREMENTS WITH CUMULATIVE EFFECT VIDE ANNEXURE ‘A’; AND ETC. 4 THESE WRIT FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: PETITIONS COMING ON CONCILIATION ORDER In these petitions, the petitioner – Corporation and respondent – Workman have filed the above writ petitions, praying for quashing the Award passed by the Presiding Officer, III Additional Labour Court, Bengaluru in I.D. No. 29/2016 vide Annexures ‘C’, and ‘A’ respectively.
#2. During the pendency of the above writ petitions, the respondent – workman died and the legal representatives of the deceased respondent were brought on record as respondent Nos. 1 to 3. 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 WP filed against the award in ID No.29/2016 on the file of the III Additional Labour Court, Bengaluru has been settled between the parties on the following terms and the award may kindly be modified as under: The petitioner – Corporation to reinstate the workman into service with continuity of service without consequential benefits from the date of dismissal till the date of actual reinstatement and without 5 backwages and withholding of three annual increments with cumulative effect”.
#3. Accordingly, these Writ Petitions are disposed of in terms of the Joint Memo modifying the Award passed by the Presiding Officer, III Additional Labour Court, Bengaluru in I.D. No. 29/2016 vide Annexures ‘C’, and ‘A’ respectively. Sd/- JUDGE Sd/- MEMBER Rbv* 6 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 7850/2018 (LOK ADALATH NO. 223/2024) C/w WP. NO. 13777/2018 (LOK ADALATH NO. 224/2024) BETWEEN: THE DIVISIONAL CONTROLLER, BMTC. AND: SRI, BHEMAPPA VALIKAR ... PETITIONER ... RESPONDENT JOINT MEMO The WP filed against the award in ID No.29/2016 Dated 20-9-2017 on the file of the III Additional Labour court, Bengaluru has been settled between the parties on the following terms and the award may kindly be modified as under: The Petitioner-Corporation to reinstate the workman into service with continuity of service, without consequential benefits from the date of dismissal till the date of actual reinstatement and without back wages and withholding of three annual increments with cumulative effect. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of conciliators on this 22/02/2024 at Bengaluru Bench. Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, these Writ Petitions are disposed of in terms of the
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.