V VENKATARAMANAPPA v. THE DIVSIONAL CONTROLLER

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER W.P. No.22916/2021 (L-KSRTC) (Lok Adalat No.3692/2024) BETWEEN: 1 . V VENKATARAMANAPPA S/O. CHINNA REDDY AGE 54 YEARS R/AT POOLAKUNTAPALLI VILLAGE POLANAYAKANAHALLI POST BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT - 562 101 (BY SRI. L. SHEKAR, ADVOCATE ) AND: 1 . THE DIVSIONAL CONTROLLER K S R T C CHIKKABALLAPUR DIVISION CHIKKABALLAPUR - 562 101 (BY SRI. R. B. ANEPPANAVAR, ADVOCATE) ...PETITIONER …RESPONDENT 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SSUE A WRIT IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED AWARD DATED 16.04.2021 PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPUR IN I.D. NO.35/2017 VIDE ANNEXURE-A TO THE WRIT PETITION AND ETC. CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the Award dated

16.04.2021 passed by the Principal District and Sessions Judge, Chikkaballapura, in I.D. No.35/2017 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.35/2017 dated 16.07.2018 on the file of the District & Sessions Judge, Chikkaballapura 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 for the purpose of the terminal benefits only, without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement, by withholding of 2 increments with cumulative effect.

#2. The absent period is treated as not on duty, he is not entitled for gratuity as per section-2A of the Gratuity Act. Pending default cases if any, which are filed will be reopened. 3

#3. 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 16.04.2021 passed by the Principal District and Sessions Judge, Chikkaballapura, in I.D. No.35/2017 vide Annexure ‘A’. Sd/- JUDGE Sd/- MEMBER 4 HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP.NO.22916/2021 (LOK ADALAT NO.3692/2024) FILED BEFORE LOK ADALAT BETWEEN V.Venkataramanappa AND: The Divisional Controller, KSRTC JOINT MEMO …Petitioner …Respondent The WP filed against the award in ID No.35/2017 dated 16.07.2018 on the file of the District & Sessions Judge, Chikkaballapura 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 for the purpose of the terminal benefits only, without consequential benefits, without backwages from the date of dismissal till the date of actual reinstatement, by withholding of 2 increments with cumulative effect. 2. The absent period is treated as not on duty, he is not entitled for gratuity as per section-2A of the Gratuity Act. Pending default cases if any, which are filed will be reopened.

#3. 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