Karnataka High Court
K V Shivareddy vs The Management Of M/S Karnataka on 8 December, 2018
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF DECEMBER, 2018
CONCILIATORS PRESENT
THE HON'BLE MR JUSTICE S. SUNIL DUTT YADAV
&
SRI. RACHAIAH, MEMBER
W.P.No.9107/2010 (LK)
(Lok Adalath No. 897/2018)
BETWEEN
K.V. Shivareddy,
S/o K.G. Venkatareddy,
Aged about 38 years,
R/at Kaniganahalli,
R. Thimmasandra Post,
Srinivasapura Taluk,
Kolar District. ... Petitioner
(By Sri. T. Narayanaswamy, Advocate)
AND
The Management of M/s Karnataka
State Road Transport Corporation,
Rep. by its Divisional Controller,
Bengaluru Central Division,
K.H. Road, Shanthinagar,
Bengaluru - 560 027. ... Respondent
(By Smt. H.R.Renuka, Advocate) 2 THIS WP FILED U/A 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 12.09.2007 PASSED ON THE VALIDITY OF DOMESTIC ENQUIRY ANNEXURE-J2 AND THE AWARD DATED 03.11.2008 PASSED BY THE III ADDL. LABOUR COURT, BENGALURU IN I.D NO.85/05 VIDE ANNEXURE-K AND ORDER TO REINSTATE THE PETITIONER INTO SERVICE WITH CONTINUNITY OF SERVICES WITH ALL OTHER CONSEQUENTIAL BENEFITS INCLUDING FULL BACK WAGES.
THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER This writ petition is filed challenging the Award dated 03.11.2008 in I.D. No.85/2005 passed by the Presiding Officer, III Additional Labour Court, Bengaluru vide Annexure-K.
2. After negotiations, the parties have arrived at settlement. According to the settlement, to reinstate the petitioner into service without any service benefits such as continuity of service, consequential benefits 3 backwages from the date of dismissal i.e., 10.09.2004 till his actual reinstatement in terms of this settlement.
This settlement is subject to production of fitness certificate, conductor's license and driving license in force. A Joint Memo is filed on behalf of the parties to this effect.
3. Accordingly, this Writ Petition filed by the petitioner is disposed of modifying the Award dated 03.11.2008 in I.D. No.85/2005 passed by the Presiding Officer, III Additional Labour Court, Bengaluru vide Annexure-K. Sd/-
JUDGE Sd/-
MEMBER rv 4 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT W.P. NO. 9107/2010 (LOK ADALATH NO. 897/2018) BETWEEN:
K.V. SHIVAREDDY ... Petitioner/s AND:
KARNATAKA STATE ROAD TRANSPORT CORPORATION ... Respondent/s JOINT MEMO This Writ Petition is filed challenging the award of the Presiding Officer, III Addl. Labour Court, Bengaluru dated 03.11.2008 in I.D. No.85/2005. The Writ Petition has been referred to this Lok Adalat by the Hon'ble High Court U/S.20 of the Legal Services Authorities Act.1987. The parties to the petition have settled their claim before the Lok Adalat on the following terms:
The respondent corporation has agreed to reinstate the petitioner into service without any service benefits such as continuity of service, consequential benefits backwages from the date of dismissal i.e. 10/09/2004 till his actual reinstatement in terms of this settlement. This settlement is subject to production of fitness certificate, conductor's license and driving license in force.
The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 08/12/2018 at Bengaluru Bench.
Sd/-
SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT/S
Sd/- Sd/-
ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S