Karnataka State Road vs T Ravi
2024 Latest Caselaw 26918 Kant

Karnataka High Court

Karnataka State Road vs T Ravi on 11 November, 2024

Author: S.G.Pandit

Bench: S.G.Pandit

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                                                        NC: 2024:KHC:45590-DB
                                                         WA No. 1653 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                             PRESENT
                              THE HON'BLE MR JUSTICE S.G.PANDIT
                                                AND
                      THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                          WRIT APPEAL NO. 1653 OF 2023 (L-KSRTC)

                      BETWEEN:

                      KARNATAKA STATE ROAD
                      TRANSPORT CORPORATION
                      BANGALORE CENTRAL DIVISION
                      BANGALORE
                      BY ITS DIVISIONAL CONTROLLER
                      REPRESENTED BY ITS
                      CHIEF LAW OFFICER.
                                                                 ...APPELLANT
                      (BY SRI. RENUKA H R., ADVOCATE)
                      AND:

                      T RAVI
Digitally signed by   S/O THIMMAREDDY
SHAKAMBARI            AGED ABOUT 57 YEARS
Location: HIGH
COURT OF              R/O 195, 1ST CROSS
KARNATAKA             HOUSING BOARD
                      DOMMASANDRA SARJAPURA ROAD
                      ANEKAL TALUK
                      BANGALORE RURAL DISTRICT-562125
                                                               ...RESPONDENT
                      (BY SRI. SHEKAR L., ADVOCATE)

                           THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
                      HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
                      07/03/2023 IN WP NO.39176/2018 AND THE WRIT PETITION
                      MAY KINDLY BE DISMISSED.
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                                               NC: 2024:KHC:45590-DB
                                                WA No. 1653 of 2023




    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:        HON'BLE MR JUSTICE S.G.PANDIT
              AND
              HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR


                       ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

Smt.Renuka H.R., learned Counsel for the appellant

and Sri.L.Shekar, learned Counsel for the respondent are

present.

2. Joint Memo dated 11.11.2024 is filed, signed by

both the learned Counsels. The Joint Memo reads as

follows:

"The parties to the proceedings have agreed to settle the case, as per the terms and conditions agreed between the parties, the order of the learned single judge dated 07.03.2023 in W.P.No.39176/2018 may kindly be modified as under:

"The respondent workman be reinstated into service with continuity of service. He is not entitled to backwages and

NC: 2024:KHC:45590-DB

consequential benefits from the date of dismissal till the date of his actual reinstatement."

3. This appeal is filed questioning the correctness

and legality of the order dated 07.03.2023 in

W.P.No.39176/2018, passed by the learned Single Judge,

wherein on setting aside the Award of the Labour Court,

the appellant-Corporation was directed to reinstate the

respondent-workman into service with continuity of service

by withholding three annual increments cumulatively and

pay consequential benefits, but without back wages.

4. In terms of the joint memo, the order of the

learned Single Judge, shall be read as follows:

"The impugned Award is set aside and the respondent-Corporation is directed to reinstate the workman into service with continuity of service as stated and that the workman shall not be entitled for consequential benefits from the date of dismissal till the date of his actual retirement and further he is not entitled for back wages."

NC: 2024:KHC:45590-DB

5. With the above, the writ appeal stands disposed

of.

Sd/-

(S.G.PANDIT) JUDGE

Sd/-

(RAMACHANDRA D. HUDDAR) JUDGE

DL CT: JL