The Divisional Controller, Central Office, North East Zone, Bangalore Metropolitan Transport v. Sri. Santhosh Kumar

THE HON’BLE MRS.JUSTICE K.S. HEMALEKHA & SRI. P.D. SUBRAMANYA, MEMBER W.P.No.12880/2023 (LK) (Lok Adalath No. 156/2024) BETWEEN: The Divisional Controller, Central Office, North East Zone, Bangalore Metropolitan Transport Corporation, B.M.T.C., Shanthinagar, Bengaluru – 560 027, Now represented by Its Chief Law Officer, B.M.T.C. Central Office, K.H. Road, Shanthi Nagar, Bengaluru – 560 027. ...PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: Sri. Santhosh Kumar S/o Sri. C. Narayanappa, Aged about 39 years, 2 Conductor, T. No.10765, D-14, BMTC Bangalore, R/at Binnamangala, Budigere, Bengaluru-560 071. …RESPONDENT (BY SRI. L. SHEKAR, ADVOCATE )

06.12.2022 PASSED BY THE LABOUR COURT, BENGALURU THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD/ORDER DATED II ADDITIONAL IN MISC. APPLICATION NO.07/2019, CONSEQUENTLY SET ASIDE THE AWARD DATED 17.01.2018 PASSED BY THE II ADDITIONAL LABOUR COURT, BANGALORE IN I.D. NO.60/2017 IN SETTING 26.08.2014 VIDE ASIDE THE DISMISSAL ORDER DATED ANNEXURES ‘A’ AND ‘B’ RESPECTIVELY AND REINSTATING THE RESPONDENT INTO SERVICE. 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/Order dated 06.12.2022 passed by the II Additional Labour Court, Bengaluru in Misc. Application No.07/2019, consequently set aside the Award dated 17.01.2018 passed by the II Additional Labour Court, Bangalore in I.D. No.60/2017 in setting aside the dismissal order dated 26.08.2014 and for reinstatement of respondent into service vide Annexures ‘A’ and ‘B’. 3

#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 I.D. No.60/2017 Dated 17.1.2018 on the file of the II 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 and without backwages and withholding of two annual increments with cumulative effect”.

#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 17.01.2018 passed by the II Additional Labour Court, Bangalore in I.D. No.60/2017. Sd/- JUDGE Sd/- MEMBER Rbv* 4 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 12880/2023 (LOK ADALATH NO. 156/2024) BETWEEN: THE DIVISIONAL CONTROLLER, BMTC ... Petitioner AND: SRI. SANTHOSH KUMAR ... Respondent JOINT MEMO The WP filed against the award in ID No.60/2017 Dated 17.01.2018 on the file of the II 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 and without backwages and withholding of two 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 19/01/2024 at Bengaluru Bench. SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT Sd/- Sd/-