KARNATAKA STATE ROAD, TRANSPORT CORPORATION v. M. V. MAHESHA

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER W.P. No.27990/2024 (L-KSRTC) (Lok Adalat No.3689/2024) BETWEEN: 1 . KARNATAKA STATE ROAD, TRANSPORT CORPORATION MYSURU RURAL DIVISION BANNIMANTAP ROAD MYSURU BY ITS DIVISIONAL CONTROLLER REP. BY ITS CHIEF LAW OFFICER. (BY SMT. H. R. RENUKA, ADVOCATE) AND: 1 . M. V. MAHESHA S/O. M L VEERAPPA AGED ABOUT 45 YEARS R/O. MARAGOUDANAHALLI VILLAGE MAVATTUR POST, HEBBAL HOBLI K R NAGAR TALUK MYSURU DISTRICT 571 602. (BY SRI. L. SHEKAR, ADVOCATE) ...PETITIONER …RESPONDENT 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERITORARI OR ANY OTHER WRIT ORDER OR DIRECTION TO QUASH THE AWARD DATED 16.8.2022 IN IID NO 9/2019 PASSED BY THE LABOUR COURT, MYSORE (ANNEXURE -B) 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

16.08.2022 passed by the Industrial Tribunal, Bengaluru, in I.D.No.09/2019 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 IID.No.09/2019 dated 16.8.2022 on the file of the Labour Court, Mysuru 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 not a continuous service under section 2A of the gratuity Act and pending default cases at the time of dismissal, 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 off in terms of the Joint Memo modifying the Award dated 16.08.2022 passed by the Industrial Tribunal, Bengaluru, in I.D.No.09/2019 vide Annexure-B. Sd/- JUDGE Sd/- MEMBER 4 HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP.NO. 27990/2024 (LOK ADALATH NO. 3689/2024) FILED BEFORE LOK ADALAT BETWEEN: KSRTC AND: M.V.Mahesha …Petitioner …Respondent JOINT MEMO The WP filed against the award in IID.No.09/2019 dated 16.8.2022 on the file of the Labour Court, Mysuru 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 not a continuous service under section 2A of the gratuity Act and pending default cases at the time of dismissal, 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