N Guruprasad vs the Divisional Controller

N Guruprasad vs The Divisional Controller

Type Court Judgment Court Karnataka Orders Decided Sep 30, 2024

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Citation: sooperkanoon.com/1855995
Court: Karnataka Orders High Court
Judge: M.G.S. Kamal
Decided On: Sep 30, 2024
Case Number: WP/427/2023

Parties & Advocates

Appellant / Petitioner

N Guruprasad

Respondent

The Divisional Controller

Excerpt

.....chikkaballapura herein represented by the chief law officer k.s.r.t.c, central offices, k.h. road, shanthi nagar bengaluru - 560 027. ...petitioner sri n guruprasad aged about 35 years r/o singanahalli village varlakond apost gudibande taluk chikkaballapura district - 562 102 ...respondent this writ petition is filed under articles 226 and 227 of the constitution of india praying to quashing the order dated 07.04.2021 passed by the court of prl. district and sessions judge, chikkaballapur in id no.28/2017, vide annexure-b. this petition, coming on for preliminary hearing in 'b' group, this day, order was made therein as under: coram: hon'ble mr justice m.g.s. kamal -3-oral ordercounsel for the petitioner as well as counsel for the respondent filed a joint memo in these matters, which reads as under; joint memo "the wp filed against the award in id.no.28/2017 dated 7.4.2021 on the file of the principal district & session judge court, chikkaballapura has been settled between the parties on the following terms and the award may kindly be modified as under:1. the petitioner corporation to reinstate therespondent workman into service with continuity of service, without consequential benefits, without backwages from the date of dismissal i.e., 20.7.2017 till the date of reinstatement as per the interim order by withholding three increments with cumulative effect as per the labour court award.2. the suspension period is treated as not on duty, pending default cases if any, which are filed will be reopened.3. the parties to the proceedings have agreed for the above terms".2. parties are present before this court.3. joint memo is taken on record.4. petitions are disposed of in terms of the jointmemo. -4- in view of the joint memo filed by the parties, award impugned in these petitions stands modified, accordingly. sd/- (m.g.s. kamal) judge ru, list no.: 1 sl no.: 19

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 427 OF 2023 (L-KSRTC) C/W WRIT PETITION NO. 3540 OF 2022 (L-KSRTC) IN WP No. 427/2023 N GURUPRASAD AGED ABOUT 38 YEARS, R/AT SINGANAHALLI VILLAGE, VARLKAONDA POST, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT - 562 102. …PETITIONER Digitally
signed by        THE DIVISIONAL CONTROLLER
SUMA B N         K.S.R.T.C.,
Location: High   CHIKKABALLAPURA DIVISION,
Court of Karnataka CHIKKABALLAPURA - 562102. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE

ORDER DATED 23.07.2019 VIDE ANNEXURE-A AND ALSO THE

AWARD DATED 07.04.2021 PASSED BY THE PRL. DISTRICT JUDGE, CHIKKABALLAPUR IN ID NO.28/2017 VIDE ANNEXURE-B TO THE WRIT PETITION IN SO FAR AS IT RELATES TO REDUCTION OF THREE ANNUAL INCREMENTS WITH CUMULATIVE EFFECT AND DENIAL OF BACK WAGES IS CONCERNED. -2- IN WP NO. 3540/2022 THE DIVISIONAL CONTROLLER K.S.R.T.C, CHIKKABALLAPURA DIVISION CHIKKABALLAPURA HEREIN REPRESENTED BY THE CHIEF LAW OFFICER K.S.R.T.C, CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR BENGALURU - 560 027. ...PETITIONER SRI N GURUPRASAD AGED ABOUT 35 YEARS R/O SINGANAHALLI VILLAGE VARLAKOND APOST GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT - 562 102 ...RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 07.04.2021 PASSED BY THE Court OF PRL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPUR IN ID NO.28/2017, VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL -3-

ORAL ORDER

Counsel for the petitioner as well as counsel for the respondent filed a joint memo in these matters, which reads as under; JOINT MEMO "The WP filed against the award in ID.No.28/2017 dated 7.4.2021 on the file of the Principal District & Session Judge Court, Chikkaballapura has been settled between the parties on the following terms and the award may kindly be modified as under:

1. The petitioner Corporation to reinstate the

Respondent workman into service with continuity of service, without consequential benefits, without backwages from the date of dismissal i.e., 20.7.2017 till the date of reinstatement as per the interim order by withholding three increments with cumulative effect as per the Labour Court award.

2. The suspension period is treated as not on duty, pending default cases if any, which are filed will be reopened.

3. The parties to the proceedings have agreed for the above terms".

2. Parties are present before this Court.

3. Joint memo is taken on record.

4. Petitions are disposed of in terms of the joint

memo. -4- In view of the joint memo filed by the parties, award impugned in these petitions stands modified, accordingly. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 19

Same Court & Year Karnataka Orders · 2024 Same Parties N Guruprasad vs The Divisional Controller Same Judge M.G.S. Kamal