Karnataka High Court
Karnataka State Road Transport ... vs T.S. Mohan Babu on 22 October, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2024:KHC:42276-DB
WA No. 1618 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO. 1618 OF 2023 (L-KSRTC)
BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION
CHIKKABALLAPUR DIVISION
CHIKKABALLAPUR
REP. BY ITS CHIEF LAW OFFICER.
...APPELLANT
(BY SMT. RENUKA H. R., ADV.)
AND:
T.S. MOHAN BABU
S/O SRINIVASAPPA
AGED ABOUT 48 YEARS,
R/O THUMAKALAHALLI VILLAGE
PERESANDRA POST
CHIKKABALLAPURA TALUK
AND DISTRICT-562101.
Digitally signed
by ...RESPONDENT
MARIGANGAIAH (BY SRI. SHEKAR L., ADV.)
PREMAKUMARI
Location: HIGH
COURT OF THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND
SET ASIDE THE ORDER DATED 06.03.2023 PASSED IN WRIT
PETITION NO.46248/2017, CONSEQUENTLY ALLOW THE WRIT
PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-2-
NC: 2024:KHC:42276-DB
WA No. 1618 of 2023
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)
This writ appeal by the Karnataka State Road
Transport Corporation (for short "Corporation") is against
the order of learned Single Judge dated 06.03.2023
passed in W.P.No.13651/2020 C/W W.P.No.46248/2017
whereby, the appellant's challenge to award dated
17.03.2017 passed in I.D. Ref.No.2/2016 by the Principal
District Judge, Chikkaballapura was dismissed, so also
respondent-workman's challenge to the said award was
dismissed.
2. Heard Smt.H.R.Renuka for the appellant-Corporation
and Sri.Shekar L., learned counsel for the respondent-
workman. Perused the writ appeal papers.
3. Both the learned counsel appearing for the parties
submit that the appellant-Corporation and respondent-
Workman have settled the lis between them and they have
NC: 2024:KHC:42276-DB
filed a joint memo dated 22.10.2024 and pray for disposal
of the appeal in terms of joint memo.
4. The joint memo dated 22.10.2024 filed by the parties
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
06.03.2023 in W.P.No.13651/2020 c/w
W.P.No.46248/2017 may kindly be modified as
under:
The respondent-workman be reinstated
into service with continuity of service. He is
not entitled to backwages and consequential
benefits from the date of dismissal till the date
of actual reinstatement i.e. dated 11.04.2018.
Further, he is denied four increments with
cumulative effect. The respondent-workman is
not entitled to any difference of arrears and
monetary benefits from the date of actual
reinstatement till the date of settlement."
NC: 2024:KHC:42276-DB
It is further submitted that the respondent-workman is
already reinstated on 11.04.2018 and he is working as on
this date in the Corporation. The joint memo of
settlement indicates that the respondent-workman is
reinstated with continuity of service, but he is not entitled
to backwages and consequential benefits. Further, it is
also stated that the workman is not entitled to difference
of arrears and monetary benefits from the date of actual
reinstatement till the date of settlement.
In terms of joint memo, writ appeal is disposed of.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
MPK
CT:bms
