Divisional Controller KSRTC vs Sri. Srinivasa Reddy

Dilip B. Bhosale, J.—Heard learned counsel for the parties. Learned counsel for the parties have filed a joint memo dated 22.07.2013. The contents of the memo reads thus:-

Undersigned counsels for petitioner and respondent respectfully submits in the instant case Corporation has challenged award passed by the II Addl. Labour Court, Bangalore dated 01.01.2013 in allowing the dispute., directing to reinstate the workman with full back wages, continuity of service and other consequential benefits.

Respondent workman submitted his request/undertaking to the Corporation that he is ready to forego the back wages awarded by the Labour court, if he is reinstated with continuity of service and consequential benefits. Under the said circumstances, Corporation by their letter dated 02.06.2013 bearing No. KST/CO/LAW/LAB/1573 intimated accepting the undertaking, ready to reinstate the workman with continuity and consequential benefits but, without back wages from the date of dismissal till taken on duty. Under the said circumstances, the award of the Labour court kindly be modified in the interest of justice and equity.

In view of the contents of the joint memo. the operative portion of the award dated 01.01.2013, stands modified to the following extent;

(i) The petitioner-Corporation shall reinstate the respondent-workman into service with continuity of service and other consequential benefits.

(ii) The direction to pay full back wages as per the order dated 01.01.2013, accordingly stands set aside. In other words, the respondent-workman shall not be entitled for full back wages as per the order dated 01.01.2013.

(iii) Rest of the award is confirmed.

(iv) The statement on behalf of the petitioner-Corporation that they will reinstate the respondent-workman from 01.08.2013 is accepted.

Petition is disposed of.