KARNATAKA STATE ROAD v. THIMMANNA RAMANNA HADIMANI

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER W.P. No.53905/2015 (L-KSRTC) (Lok Adalat No.3696/2024) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, CHIKKAMAGALUR DIVISION, CHIKKAMAGALUR, BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS CHIEF LAW OFFICER (BY SMT. RENUKA H.R., ADVOCATE) ....PETITIONER AND: THIMMANNA RAMANNA HADIMANI S/O LATE RAMANNA, AGED ABOUT 37 YEARS, R/O HOSAKOTE POST, RAMADURGA TALUK, BELGAUM DISTRICT - 591 123 (BY SRI. S.P. RAMESHA, ADVOCATE) …RESPONDENT 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 17.01.2015 IN IDA NO.4/2012, PASSED BY THE LABOUR COURT, CHICKMAGALUR (ANNEXURE-F). THIS WRIT PETITION COMING ON FOR CONCILIATION FOLLOWING LOK ADALAT, THE BEFORE NATIONAL CONCILIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the Award dated

17.01.2015 passed by the Presiding Officer, Labour Court at Chikkamagaluru in IDA No.4/2012 vide Annexure-F.

#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 WP filed against the award in IDA.No.04/2012 dated 17.01.2015 on the file of the Labour Court, Chikkamagaluru has been settled between the parties on the following terms and the award may kindly be modified as under:

#1. The petitioner - Corporation to reinstate the Respondent workman into service with continuity of service, without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement by withholding two increments with cumulative effect.

#2. The Respondent workman is not entitled for any difference of wages from the date of award till the date of settlement. 3

#3. The suspension period is treated as not on duty not a continuous service under section 2A of the gratuity Act and pending default cases at the time of dismissal, which are filed will be reopened.

#4. The parties to the proceedings 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 14.12.2024 at Bengaluru Bench".

#3. Accordingly, this Writ Petition is disposed off in terms of the Joint Memo modifying the Award dated 17.01.2015 passed by the Presiding Officer, Labour Court at Chikkamagaluru in IDA No.4/2012 vide Annexure-F. Sd/- JUDGE Sd/- MEMBER 4 HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP.NO.53905/2015 (LOK ADALATH NO. 3696/2024) FILED BEFORE LOK ADALAT BETWEEN KSRTC AND: Thimmappa Ramanna Hadimani JOINT MEMO …Petitioner …Respondent The WP filed against the award in IDA.No.04/2012 dated 17.01.2015 on the file of the Labour Court, Chikkamagaluru has been settled between the parties on the following terms and the award may kindly be modified as under:

#1. The petitioner – Corporation to reinstate the Respondent – workman into service with continuity of service, without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement by withholding two increments with cumulative effect.

#2. The Respondent – workman is not entitled for any difference of wages from the date of award till the date of settlement.

#3. The suspension period is treated as not on duty not a continuous service under section 2A of the gratuity Act and pending default cases at the time of dismissal, which are filed will be reopened.

#4. The parties to the proceedings 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 14.12.2024 at Bengaluru Bench. Sd/- Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT/S Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S