The Divisional Controller v. Sri. Raghupathi

THE HON’BLE MRS.JUSTICE K.S. HEMALEKHA & SRI. P.D. SUBRAMANYA, MEMBER W.P.No.23055/2022 (LK) (Lok Adalath No. 151/2024) BETWEEN: The Divisional Controller, KSRTC, Bengaluru, Central Division, K.H. Road, Bangalore-560 027. ...PETITIONER (BY SMT. H.R. RENUKA, ADVOCATE [NOC]) AND: Sri. Raghupathi V. S/o Venkatagiriyappa, Aged about 35 years, R/o Ooorukunte Mituru Village and Post, Mulabagal Taluk, Kolar District. …RESPONDENT (BY SRI. L. SHEKAR, ADVOCATE ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE 2 THE ORDER DATED 15.02.2020 PASSED BY THE PRINCIPAL DISTRICT & SESSIONS JUDGE, KOLAR IN I.D. NO.18/2018 VIDE ANNEXURE-A AND ALSO PRAYING TO SET ASIDE THE ORDER DATED 17.11.2021 PASSED BY THE PRINCIPAL DISTRICT & SESSIONS JUDGE, KOLAR IN I.D. NO.18/2018 VIDE ANNEXURE-B. 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 setting aside the Order dated 15.02.2020 passed by the Principal District and Sessions Judge and Kolar in I.D. No. 18/2018 vide Annexure ‘A’ and also to set aside the order dated

17.11.2021 passed by Hon’ble Principal District & Sessions Judge, Kolar in I.D. 18/2018 vide Annexure ‘B’.

#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.18/2018 Dated 15.02.2020 on the file of the Principal District and Sessions Judge, Kolar has been settled between the parties on the following terms and the award may kindly be modified as under: The respondent – Workman to be reinstated into service with continuity of service only, without consequential benefits and without backwages from the 3 date of dismissal till the date of his reporting to duty with denial of one increment with cumulative effect. The settlement would not come in the way of corporation to continue the disciplinary proceedings if any pending/treated to be filed as on the date of dismissal, upon reinstatement”.

#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Order dated 15.02.2020 passed by the Principal District and Sessions Judge and Kolar in I.D. No. 18/2018 vide Annexure ‘A’. Sd/- JUDGE Sd/- MEMBER Rbv* 4 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 23055/2022 (LOK ADALATH NO. 151/2024) BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC ... Petitioner AND: SRI. RAGHUPATHI V ... Respondent JOINT MEMO The WP filed against the award in ID No.18/2018 Dated 15.02.2020 on the file of the Principal District and Sessions Judge, Kolar has been settled between the parties on the following terms and the award may kindly be modified as under: The respondent workman to be reinstated into service with continuity of service only, without consequential benefits and without backwages from the date of dismissal till the date of his reporting to duty with denial of one increment with cumulative effect. The settlement would not come in the way of corporation to continue the disciplinary proceedings if any pending/treated to be filed as on the date of dismissal, upon reinstatement. 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/-