THE DIVISIONAL CONTROLLER v. M. NAGARAJU

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER W.P. No.10627/2023 (L-KSRTC) (Lok Adalat No.2650/2024) BETWEEN: THE DIVISIONAL CONTROLLER K.S.R.T.C., CHIKKABALLAPURA DIVISION, CHIKKABALLAPURA, REPRESENTED BY ITS CHIEF LAW OFFICER, K.S.R.T.C., CENTRAL OFFICE, K.H.ROAD, BANGALORE - 560 027. (BY SRI HAREESH BHANDARY T, ADVOCATE) ...PETITIONER AND: M. NAGARAJU S/O. MUTHAPPA, AGED ABOUT 40 YEARS, R/AT BYRAPURA VILLAGE, TIPPURU POST, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203 (BY SRI SOMASHEKARA REDDY K V, ADVOCATE) …RESPONDENT 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, WRIT IN THE NATURE OF CERTIORARI, QUASHING THE AWARD DATED 12.10.2022 PASSED BY THE DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA IN ID NO.04/2021 VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the Award dated

12.10.2022 passed by the Principal District and Sessions Judge at Chikkaballapaura in I.D.No.04/2021 vide Annexure-A.

#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 ID.No.04/2021 dated 12.10.2022 on the file of the Principal District & Sessions Judge, Chikkaballapura Division 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 three 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 absent 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 of in terms of the Joint Memo modifying the Award dated 12.10.2022 passed by the Principal District and Sessions Judge at Chikkaballapaura in I.D.No.04/2021 vide Annexure-A. Sd/- JUDGE Sd/- MEMBER 4 HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP.NO.10627/2023 (LOK ADALATH NO. 2650/2024) FILED BEFORE LOK ADALAT BETWEEN: The Divisional Controller, KSRTC AND: M.Nagaraju …Petitioner …Respondent JOINT MEMO The WP filed against the award in ID.No.04/2021 dated 12.10.2022 on the file of the Principal District & Sessions Judge, Chikkaballapura Division 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 three 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 absent 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