The Divisional Controller, Karnataka State Road v. Sri. K.G. Chandra Naika
Case at a glance
Outcome
Disposed of
Accordingly, this Writ Petition is disposed of in terms of the Joint Memo
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 22. 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 petitioner – KSRTC has agreed to reinstate the respondent – workman into…
- Para 33. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 23.08.2017 passed by the Principal District and Sessions Judge and Special Judge (KID), Davanagere in KID 10-4A No. 30/2015 vide Annexure ‘A’. Sd/- JUDGE Sd/- MEMBER Rbv*…
Judgment
THE HON’BLE MRS.JUSTICE K.S. HEMALEKHA & SRI. P.D. SUBRAMANYA, MEMBER W.P.No.24212/2022 (LK) (Lok Adalath No. 1641/2024) BETWEEN: The Divisional Controller, Karnataka State Road Transport Corporation, Davanagere Division, , Davanagere-577 001. ...PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE (NOC)) AND: Sri. K.G. Chandra Naika S/o Late Govinda Naika, Aged about 37 years, R/o Kondajji – 577 515, Hosadurga Taluk, Chitradurga District. …RESPONDENT (BY SRI. S.P. RAMESHA, ADVOCATE ) 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 23.08.2017 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE (KID), DAVANAGERE IN KID 10-4A NO. 30/2015 VIDE ANNEXURE ‘A’ AND ETC. 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 quashing the Order dated
23.08.2017 passed by Principal District and Sessions Judge and Special Judge (KID), Davanagere in KID 10-4a No.30/2015 vide Annexure ‘A’ and also order dated 31.12.2021 passed by the Principal District and Sessions Judge and Special Judge (KID), Davanagere in KID No. 30/2015 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 petitioner – KSRTC has agreed to reinstate the respondent – workman into service with continuity of service, without backwages and without consequential benefits from the date of dismissal till the date of actual reinstatement. 3 The Respondent – workman has agreed to give-up 50% backwages awarded by the Labour Court and agreed for the said settlement. Further, the absent period will be treated as not a continuous service under Section 2A of the Gratuity Act. The pending default cases, if any, which are filed will be re- opened”.
#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the Award dated 23.08.2017 passed by the Principal District and Sessions Judge and Special Judge (KID), Davanagere in KID 10-4A No. 30/2015 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. 24212/2022 (LOK ADALATH NO. 1641/2024) BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC AND: SRI. K.G. CHANDRA NAIKA ... Respondent ... Petitioner JOINT MEMO The WP filed against the award in KID 10-4A No. 30/2015 Dated 23.08.2017 on the file of the The Principal District And Sessions Judge And Special Judge (Kid), Davanagere, has been settled between the parties on the following terms and the award may kindly be modified as under: “The petitioner – KSRTC has agreed to reinstate the respondent – workman into service with continuity of service, without backwages and without consequential benefits from the date of dismissal till the date of actual reinstatement. The Respondent – workman has agreed to give-up 50% backwages awarded by the Labour Court and agreed for the said settlement. Further, the absent period will be treated as not a continuous service under Section 2A of the Gratuity Act. The pending default cases, if any, which are filed will be re-opened”. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 01/03/2024 at Bengaluru Bench. Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR REPONDENT
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this Writ Petition is disposed of in terms of the Joint Memo
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.