THE DIVISIONAL CONTROLLER v. K.G.SHIVAKUMAR

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER W.P. No.19910/2023 (L-KSRTC) (Lok Adalat No.3568/2024) BETWEEN: THE DIVISIONAL CONTROLLER KARNATAKA STATE ROAD TRANSPORT CORPORATION LIMITED DAVANAGERE DIVISION DAVANAGERE - 577 004 (BY SRI BALARAJ A C, ADVOCATE) AND: K.G.SHIVAKUMAR S/O GANESH NAIL AGED ABOUT 35 YEARS, CONDUCTOR, R/O BASAPURA TANDA NICHCHAVANAHALLI POST HARAPANAHALLI TALUK DAVANAGERE DISTRICT - 577 004 (BY SRI S P RAMESHA, ADVOCATE) ...PETITIONER …RESPONDENT 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED AWARD PASSED IN KID. NO.25/2015 ON THE FILE OF LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE AND PRESIDING OFFICER, LABOUR COURT, DAVANAGERE DATED 25/11/2021 AND TO DISMISS THE CLAIM PETITION FILED BY THE RESPONDENT IN I.D.NO.25 OF 2015 VIDE ANNEXURE-K AND G (KID NO.10 (4-A)25/2015) 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

25.11.2021 passed by the Principal District and Sessions Judge and Presiding Officer, Labour Court, Davangere, in I.D. No25/2015 vide Annexure ‘K'.

#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.25/2015 dated 25.11.2021 on the file of the Principal District & Sessions Judge, Davanagere, 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. 3

#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. Further the period of absent will be treated as not a continuous service under section 2A of the gratuity Act and he will be not entitled for gratuity for the said period, pending default cases if any 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 25.11.2021 passed by the Principal District and Sessions Judge and Presiding Officer, Labour Court, Davangere, in I.D. No25/2015 vide Annexure ‘K'. Sd/- JUDGE Sd/- MEMBER 4 HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP.NO.19910/2023 (LOK ADALATH NO. 3568/2024) FILED BEFORE LOK ADALAT BETWEEN The Divisional Controller, KSRTC AND: K.G.Shivakumar. JOINT MEMO …Petitioner …Respondent The WP filed against the award in ID.25/2015 dated 25.11.2021 on the file of the Principal District & Sessions Judge, Davanagere, 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 suspension period is treated as not on duty. Further the period of absent will be treated as not a continuous service under section 2A of the gratuity Act and he will be not entitled for gratuity for the said period, pending default cases if any 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