G.V. Parmeshwar Gowda vs The Divisional Controller on 31 May, 2016

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Karnataka High Court

G.V. Parmeshwar Gowda vs The Divisional Controller on 31 May, 2016

Bench: Aravind Kumar

                          1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 31st DAY OF MAY, 2016

                       BEFORE

       THE HON'BLE MR.JUSTICE ARAVIND KUMAR

             W.P.NO. 45182/2013 (L-KSRTC)

BETWEEN:

G.V. PARMESHWAR GOWDA
AGED ABOUT 50 YEARS
S/O VEEREBHADRE GOWDA
DRIVER, KSRTC
HASSAN DIVISION
HASSAN
R/O KARIGOWDA COLONY
GARREHALLI KASABA HOBLI
HASSAN TALUK &
DISTRICT-573 201.
                                       ... PETITIONER
       (BY SRI.MUKKANNAPPA S.B., ADVOCATE)

AND:

THE DIVISIONAL CONTROLLER
KARNATAKA STATE ROAD TRANSPORT
CORPORATION, HASSAN DIVISION
HASSAN-573201.
                                        ... RESPONDENT

       (BY SMT.H.R. RENUKA, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED AWARD DATED 3.9.2011 PASSED
BY THE INDUSTRIAL TRIBUNAL AT MYSORE IN
REF.13/2005 AT ANNEXURE-E.

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
                                 2



                          ORDER

This writ petition has been filed by the workman seeking for quashing of award dated 03.09.2011 passed by the Industrial Tribunal, Mysore in reference No.13/2005 - Annexure-E whereunder reference under Section 10(1)(d) of the Industrial Disputes Act, 1947 made by the appropriate Government at the instance of the workman has been rejected.

2. Learned Advocate appearing for the parties have filed a joint memo whereunder writ petitioner - workman has agreed for reduction of Basic Pay by two incremental stages permanently instead of four incremental stages as proposed by the respondent - employer. Said memo is placed on record.

3. In view of the memo filed, order of punishment imposed by the disciplinary authority as per Annexure-C has been modified to the effect that Basic Pay of the petitioner would stand reduced by two incremental stage permanently instead of four 3 increments stages. It is also made clear that petitioner is not entitled for arrears of wages consequent upon modification of order of punishment. However, he would be entitled for notional fixation of pay and also for monetary benefits from this date and the period of suspension is treated as not 'on duty'. With this modification, writ petition stands disposed of.

SD/-

JUDGE *sp

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