THE DIVISIONAL CONTROLLER v. V SRINIVASA

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER W.P. No.21328/2022 (L-KSRTC) (Lok Adalat No.3564/2024) BETWEEN: 1 . THE DIVISIONAL CONTROLLER K S R T C CHIKKABALLAPURA DIVISION CHIKKABALLAPURA REPRESENTED BY ITS CHIEF LAW OFFICER CENTRAL OFFICE K H ROAD BANGALORE-560027 (By Sri. HAREESH BHANDARY T, ADVOCATE) ...Petitioner AND 1 . V SRINIVASA S/O CHIDKKAVENKATARAMANAPPA AGED ABOUT 44 YEARS R/AT HOSUDYA VILLAGE KESHAVARA POST CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT (By Sri. SOMASHEKARA REDDY K V, ADVOCATE) …Respondent 2 THIS WRIT PETITION FILED PRAYING TO-QUASH THE AWARD DTD 22.03.2022 PASSED BY THE DISTRICT AND SESSION JUDGE AT CHICKBALLAPURA IN I.D.NO.02/2018 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

22.03.2022 passed by the Principal District and Sessions Judge at Chikkaballapura in I.D.No.02/2018 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 is filed against the award in ID No.02/2018 dated 22.03.2022 on the file of the Principal District and 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, without consequential benefits, without back wages 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 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 The parties to the proceedings have agreed for the above terms. The parties to this appeal 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 22.03.2022 passed by the Principal District and Sessions Judge at Chikkaballapura in I.D.No.02/2018 vide Annexure ‘A’. Sd/- JUDGE Sd/- MEMBER 4 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 21328/2022 (LOK ADALATH NO. 3564/2024) FILED BEFORE LOKADALAT ... Petitioner BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC AND: V SRINIVASA ... Respondent JOINT MEMO The WP filed against the award in ID No.02/2018 Dated 22.03.2022 on the file of the Principal District and 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, without consequential benefits, without back wages 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 appeal 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 Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT