The Management Of Bmtc Central Offices vs Sri S M Shakhadri on 3 October, 2016

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Karnataka High Court

The Management Of Bmtc Central Offices vs Sri S M Shakhadri on 3 October, 2016

Bench: A.N. Venugopala Gowda

                              1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 3RD DAY OF OCTOBER, 2016

                          BEFORE

  THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

   WRIT PETITION NO.16807 OF 2013 (L-KSRTC)

BETWEEN:

THE MANAGEMENT OF
BMTC CENTRAL OFFICES
K.H.ROAD
BANGALORE - 560 027
REP. BY CHIEF LAW OFFICER
                                    ... PETITIONER
(BY SRI.B.L.SANJEEV, ADV.,)

AND:

SRI S M SHAKHADRI
S/O SRI SYED DOUD SHAKHADRI
AGED ABOUT 54 YEARS
NO.11, MAISTRY MARAPPA STREET
M.R.PALYA, J.C.NAGAR
BANGALORE - 560 006
                                   ... RESPONDENT
(BY SRI.V.S.NAIK, ADV.)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO QUASH THE ORDER DATED 31.08.2012 IN REF.58 OF
2011 ON THE FILE OF PRESIDING OFFICER, III
ADDITIONAL   LABOUR    COURT,   BANGALORE    VIDE
ANNEXURE-A.
                                2


    THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                        ORDER

Reference made under Section 10(1)(c) of Industrial Disputes Act, 1947 and registered as reference No.58/2011 on the file of the III Additional Labour Court at Bengaluru, by reason of an order dated 31.08.2012 having been allowed and an award passed in favour of the respondent - workman, this writ petition was filed by the Management to set-aide the said award (Annexure-A).

2. A joint memo was filed by the parties through their learned advocates. The parties have entered into an amicable settlement with regard to the subject matter of the said reference.

3. The petitioner -Management has agreed to reinstate the respondent - workman back into service 3 and extend the benefit of continuity of service from the date of dismissal till the date of reinstatement and extend the consequential benefits notionally without any monetary benefits for the said period ie., without backwages.

4. The respondent has agreed to forego the backwages for the period from the date of his dismissal from the service till the date of reinstatement and accept the reinstatement into service with continuity of service notionally ie., without any monetary benefits.

5. The settlement which the parties have entered into is lawful and can be accepted. As a consequence, the joint memo is placed on record.

In the result, writ petition is allowed and the impugned award is modified. The respondent - workman shall be reinstated into service by the 4 petitioner. However, the respondent shall not be entitled to the payment of monetary benefits from the date of his dismissal from service till the date of reinstatement. There shall be extension of service benefits on notional basis i.e., without there being any break in service for the aforesaid period. The respondent shall report to the petitioner within a period of one month. Till the date of actual reinstatement, the petitioner shall continue to pay respondent the 17-B wages. No costs.

Sd/-

JUDGE GH

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Karnataka High Court