STATE OF KARNATAKA AND ANOTHER Vs. K. GANGADHARA

JUDGEMENT

(1.) There is a report of conciliation of the dispute before Lok Adalat. The S.L.P. is brought up for orders in that report.

(2.) The matter pertains to the discharge of a Police Constable during probation. The Tribunal set aside the discharge and directed his reinstatement and payment of back-salary. The notice on the S.L.P. was confined to the question of back-salary which implied that so far as the order setting aside of the discharge and consequential reinstatement is concerned, the matter stood concluded. Lok Adalat directed deduction of only ten per cent of the hack-salary. The State says that it never consented to this and urges that it had in fact communicated its disinclination to have the matter settled, but that the communication reached its counsel late. The impression we gather from the learned counsel who participated in the Lok Adalat is that he had suggested payment of fifty per cent of the hack-salary.

(3.) It is not necessary or appropriate to go into the correctness of the record of the Lok Adalat. Even on the basis of the proceedings, the matter is still open before us to consider what the justice of the case requires. Having heard counsel on both sides, we think it appropriate that the respondent shall be paid fifty per cent of the back-salary. This shall be paid within three months from today.