HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND SRI. K. ARVIND KAMATH, MEMBER W.P. No. 13672/2014 (Lok Adalat No. 3591/2019) BETWEEN:
The Chief Traffic Manager, BMTC, Central Office, K.H. Road, Bangalore-56027.
Rep. by Chief Law Officer, B.M.T.C. ... Petitioner (By Sri. B.L. Sanjeev (NOC), Advocate) AND:
Sri K. Nagaraj S/o B.Krishnappa, Aged about 52 years, No.127, Muneshwara Layout, Kudlu Masdiala Post, Bangalore – 560 068. ... Respondent (By Smt. R. Radha, Advocate) THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD DATED 26.10.2013 IN REF.NO.23/2012 PASSED BY THE PRESIDING OFFICER, III ADDL. LABOUR COURT, BANGALORE, VIDE ANNEXURE ‘F’.
THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The petitioner is represented by a Chief Law Officer, Sri Venkatesh present. Counsel for the petitioner present. Respondent and his counsel present. Joint Memo filed agreeing for the terms mentioned in the Joint Memo for passing an appropriate orders.
2. The execution of the Joint Memo is accepted by both the parties.
They have no objection to modify the award passed by the Labour Court. Joint Memo filed by the parties is hereby accepted.
3. Office is hereby directed to modify the award in terms of the Joint Memo. The Writ Petition is disposed of in terms of the said compromise.
Sd/- JUDGE Sd/- MEMBER mkm FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO.13672/2014 (LOK ADALATH NO. 3591/2019) BETWEEN:
B.M.T.C ... Petitioner/s AND:
Sri. Nagaraju.K ... Respondent/s JOINT MEMO The above Write Petition filed against the award in Ref.NO.23/2012 on the File of the Presiding Officer III Addl. Labour Court, Bengaluru, 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 Petitioner have settled their claim before the Lok Adalat on the following terms:
Both Parties have agreed to settle the above dispute and modified the award passed by the Labour Court. Terms of Settlement are as under:
1. The Petitioner agrees to reinstate the respondent workmen with continuity of service only by considering service of the workmen from the date of appointment till dismissal i.e 16.11.2002 and again from the date of reference till his reinstatement for the sake of terminal benefits only. The Workmen is not entitled for any service benefits for the period from the date of dismissal till date of raising reference.
2. The respondent is not entitled for any backwages as awarded by the Labour Court.
3. The punishment of withholding of two increments with cumulative effect is modified as one increment with cumulative effect.
4. Remaining portion of the award remains unaltered.
The parties agreed for the above settlement voluntarily without any coercion and uninfluenced.
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SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT/S Sd/- Sd/-
ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S