HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B. SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER W.P.No.20801/2014 (LK) Lok Adalath No. 3932/2017 BETWEEN The Divisional Controller, B.M.T.C., North Division, Yeshavanthapur, Bangalore-560 022, Herein represented by The Chief Law Officer, B.M.T.C., Central Offices, K.H. Road, Shanthinagar, Bangalore – 560 027. ... PETITIONER (By Sri. B.L. Sanjeev, Advocate) AND Sri. Mylarappa S/o Late Lakshmaiah, Aged about 41 years, R/o Shanthi Nagar Village, Bettahalasur Post, Bangalore North Taluk, Bangalore-560 047. ... RESPONDENT (By Sri. L. Shekar, Advocate) THIS WP FILED U/A 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 26.10.2013 IN I.D.
NO. 21/2012 PASSED BY THE III ADDITIONAL LABOUR COURT, BANGALORE VIDE ANNEXURE ‘C’.
THE PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the order dated 26.10.2013 in I.D. No. 21/2012 passed by the Additional Labour Court, Bangalore vide Annexure ‘C’.
2. After negotiations, the parties have arrived at settlement. According to the settlement, the petitioner – B.M.T.C. has agreed to reinstate the respondent into service without back wages from the date of dismissal till the date of actual reinstatement. Further, the respondent is not entitled for any backwages and monitory benefits during the period of unauthorized absence and he is entitle for continuity of service for the purpose of pensionary benefits. Further, it is ordered that the petitioner is to with-held three (3) increments of the respondent with cumulative effect. A Joint Memo is filed on behalf of the parties to this effect.
3. Accordingly, the Writ Petition is disposed of modifying the Order dated 26.10.2013 passed by the Additional Labour Court, Bangalore in I.D. No.21/2012 vide Annexure ‘C’.
Sd/- JUDGE Sd/- MEMBER Rbv* FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT W.P. NO. 20801/2014 (LOK ADALATH NO. 3932/2017) BETWEEN:
THE DIVISIONAL CONTROLLER ... Petitioner/s AND:
SRI.MYLARAPPA ... Respondent/s JOINT MEMO This Writ Petition is filed challenging the award dated 26/10/2013 passed by the III Addl. Labour Court, Bangalore in IDNo.21/2012 (Annexure C). The Writ Petition has been referred to this LokAdalat 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 Petitioner shall reinstate the respondent into service without back wages from the date of dismissal till the date of actual reinstatement. The respondent is not entitled for any back wage and monitory benefit during the period of unauthorized absence and he is entitle for continuity of service for the purpose of pensionery benefits. Petitioner is to with held three increments (3) of the respondent with cumulative effect. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 9.12.2017 at Bengaluru Bench.
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SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT/S Sd/- Sd/-
ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S