Chief Traffic Manager v. B Venkatesh

((((((((((((HC-KAR, NC:(2026:KHC:45162-DB( WA(No.(811(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010320292025( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(20 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(D(K(SINGH(

AND((

THE(HON'BLE(MR.(JUSTICE(H.SHANTHI(BHUSHAN(

WRIT(APPEAL(NO.(811(OF(2025((L-KSRTC)(

BETWEEN:((

( CHIEF,TRAFFIC,MANAGER, BMTC,CENTRAL,OFFICE,,K,H,ROAD,,

BANGALORE,–,560,027., NOW,REPRESENTED,BY,ITS,, CHIEF,LAW,OFFICER,

…APPELLANT, (BY,SMT.,RENUKA,H.R.,ADVOCATE), ,

AND:( ( B,VENKATESH,,

S/O,BALAKRISHNA,,, Digi tally AGED,ABOUT,61,YEARS,,, THsignedtiby R/AT,NO,9,,11 ,CROSS,,, MALA0K0N CHINNAPPA,GARDEN,,BENSON,TOWN,POST,, Location: BANGALORE,–,560,046., High0Court …RESPONDENT, of0Karnataka (BY,SMT.NAGARATHNA.R.,,ADVOCATE,FOR, ,,,,,,SRI.SHEKAR.L.,ADVOCATE), , , THIS, WRIT, APPEAL, FILED, U/S, 4, OF, THE, KARNATAKA, HIGH,COURT,ACT,PRAYING,TO,ALLOW,THIS,APPEAL,AND,SET, ASIDE, THE, ORDER, DATED, 9.9.2024, PASSED, IN, WP, No., 39626/2016, AND, WP, 57104/2016, IN, THE, INTEREST, OF, JUSTICE,AND,EQUITY., , , THIS, APPEAL,, COMING, ON, FOR, ORDERS,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present Intra Court Appeal has been filed impugning the judgment and order dated 09.09.2024 passed by the Writ Court in W.P.No.39626/2016 connected with W.P.No.57104/2016.

¶2The appeal has been filed with the enormous delay of 207 days for which, an application has been filed to condone the delay. Normally, we would not have condoned the delay but the fact remain that the parties have settled the dispute and have presented joint memo for disposing of the Appeal in terms of the joint memo.

¶3Smt. Manavi, Law Officer of Bengaluru Metropolitan Transport Corporation (hereinafter referred to as 'BMTC' for short) is present in the Court. Learned counsel for the appellant Smt. H.R. Renuka submits that she is authorised to enter into compromise, sign and verify the pleadings etc., on behalf of BMTC.

¶4Smt. Manavi, Law Officer of BMTC submits that the Corporation would abide by the terms of the compromise as mentioned in the joint memo.

¶5Sri. Venkatesh B., respondent is present in person who has been identified by his learned counsel Smt. Nagarathna and he also submits that he has entered into compromise without any coercion, undue influence and of his free will to settle all his claims, entitlement etc., against the appellant.

¶6Considering the aforesaid settlement and understand of parties we dispose of this appeal in terms of the joint memo which would read as under: "JOINT MEMO

The parties to the proceedings have agreed to settle the case as under consequently the award of the labour court, Bangalore dated 28.8.2015 in Ref No 4/2014 and the order of the learned single judge in WP No 57104/2016 C/w WP No 39626/2016 may kindly be modified as under:

¶1The award passed in Ref 4/14 to the extent of reinstatement with continuity of service is confirmed. Consequential benefits denied from the date of acceptance of resignation i.e, 08/03/2010 till the date of reinstatement as per interim order on 27/01/2017.

¶2The respondent is entitled for continuity of service and consequential benefits only for notional fixation from the date of reinstatement as per interim order dated 27/01/2017 till the date of superannuation only for the purpose of determining and payment of terminal benefits such gratuity, EL. The respondent agrees to receive the gratuity amount with 5.4% interest.

¶3The respondent is not entitled for arrears/difference of wages for the period between date of reinstatement as per interim order on 27/01/2017 till his retirement i.e, 30/4/2024. "

¶7Parties are directed to abide by the terms and conditions of the joint memo.

¶8In terms of the joint memo, the respondent shall be paid his dues within a period of 8 weeks from today. Interlocutory applications, pending if any, stand disposed of.

Sd/- (D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE

BVK; List No.: 1 Sl No.: 1