The Divisional Controller v. Sri. Manikantan

(BY SRI. L. SHEKAR, ADVOCATE) AND: The Divisional Controller, B.M.T.C., South Division, K.H.Road, Bangalore-560 027. …RESPONDENT (BY SRI. B.L. SANJEEV, ADVOCATE ) 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED AWARD DATED 25.11.2017 PASSED BY THE III ADDL. LABOUR COURT, BANGALORE IN REF. NO.60/2015 VIDE ANNEXURE ‘A’ AND ALSO TO DIRECT THE RESPONDENT – CORPORATION TO REINSTATE THE PETITIONER WITH CONTINUITY OF SERVICE AND PAY HIM THE ENTIRE BACKWAGES AND CONSEQUENTIAL BENEFITS FROM THE DATE OF DISMISSAL TILL THE DATE OF REINSTATEMENT. IN W.P. No.25764/2018: BETWEEN: The Divisional Controller, B.M.T.C., South Division, K.H.Road, Bengaluru-560 027, Herein represented by The Chief Law Officer, B.M.T.C., Central Offices, K.H. Road, Shanthi Nagar, Bengaluru – 560 027. . ...PETITIONER (BY SRI. B.L. SANJEEV, ADVOCATE) AND: Sri. Manikantan S/o Aruvashetty, Aged about 40 years, R/at Terakanambi Village, Gundlupete Taluk, Chamarajanagar District-571 111. …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 25.11.2017 PASSED BY THE III 3 ADDL. LABOUR COURT, BANGALORE IN REF. NO.60/2015 VIDE ANNEXURE ‘B’. THESE WRIT FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: PETITIONS COMING ON CONCILIATION ORDER In these petitions, the petitioner – workman and respondent – Corporation have filed the above writ petitions, praying for quashing the Award passed by the III Additional Labour Court, Bengaluru in Ref. No.60/2015 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 : “The WP filed against the award in Ref. No.60/2015 Dated

25.11.2017 on the file of the III 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 from the date of dismissal till the date of actual reinstatement and without backwages and withholding of three annual increments with cumulative effect”. 4

#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 25.11.2017 passed by the III Additional Labour Court, Bengaluru in Ref. No.60/2015 vide Annexures ‘A’, and ‘B’ respectively. Sd/- JUDGE Sd/- MEMBER Rbv* 5 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 48665/2018 (LOK ADALATH NO. 682/2024) C/w WP NO. 25764/2018 (LOK ADALATH NO. 683/2024) BETWEEN: MANIKANTAN ... Petitioner AND: THE DIVISIONAL CONTROLLER, BMTC. ... Respondent JOINT MEMO The WP filed against the award in Ref No.60/2015 Dated 25-11-2017 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 from the date of dismissal till the date of actual reinstatement and without back wages and withholding of three annual increments with cumulative effect. The parties to this petitions have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 01-02-2024 at Bengaluru Bench. SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT Sd/- Sd/-