The Divisional Controller, Karnataka State Road v. Sri. H.M. Narayanaswamy

THE HON’BLE MRS.JUSTICE K.S. HEMALEKHA & SRI. P.D. SUBRAMANYA, MEMBER W.P.No.10541/2023 (LK) (Lok Adalath No. 149/2024) BETWEEN: The Divisional Controller, Karnataka State Road Transport Corporation, Kolar Division, Kolar – 563 101. Now represented by its Chief Law Officer, K.S.R.T.C., Central Office, K.H. Road, Shanthinagar, Bengaluru – 560 027. ...PETITIONER (BY SRI. HAREESH BHANDARY .T, ADVOCATE) AND: Sri. H.M. Narayanaswamy S/o Sri. H.E. Muniswamy, Aged about 38 years, Driver – cum – Conductor, R/o Holur Village and Post, 2 Kolar Taluk, Kolar District – 563 101. …RESPONDENT (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 28.06.2022 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND LABOUR COURT, KOLAR IN I.D. NO.17/2018 VIDE ANNEXURE ‘A’ AND THE ORDER DATED 15.02.2020 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND LABOUR COURT, KOLAR IN I.D. NO.17/2018 VIDE ANNEXURE ‘B’. 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 Award dated

28.06.2022 and the Order dated 15.02.2020 passed by the Principal District and Sessions Judge and Labour Court, Kolar in I.D. No.17/2018 vide Annexures ‘A’ and ‘B’ respectively.

#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 : 3 “The WP filed against the award in ID No.17/2018 Dated 28.06.2022 on the file of the Principal District and Sessions Judge, Kolar has been settled between the parties on the following terms and the award may kindly be modified as under: The respondent workman to be reinstated into service with continuity of service only, without consequential benefits and without backwages from the date of dismissal till the date of his reporting to duty with denial of one increment with cumulative effect. The settlement would not come in the way of corporation to continue the disciplinary proceedings if any pending/treated to be filed as on the date of dismissal, upon reinstatement”.

#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 28.06.2022 passed by the Principal District and Sessions Judge and Labour Court, Kolar in I.D. No.17/2018. Sd/- JUDGE Sd/- MEMBER Rbv* 4 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 10541/2023 (LOK ADALATH NO. 149/2024) BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC ... Petitioner AND: SRI. H.M. NARAYANASWAMY ... Respondent JOINT MEMO The WP filed against the award in ID No.17/2018 Dated 28.06.2022 on the file of the Principal District and Sessions Judge, Kolar has been settled between the parties on the following terms and the award may kindly be modified as under: The respondent workman to be reinstated into service with continuity of service only, without consequential benefits and without backwages from the date of dismissal till the date of his reporting to duty with denial of one increment with cumulative effect. The settlement would not come in the way of corporation to continue the disciplinary proceedings if any pending/treated to be filed as on the date of dismissal, upon reinstatement. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 19/01/2024 at Bengaluru Bench. Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT