HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER W.P.No.46907/2014 (LK) Lok Adalath No.3827/2017 C/w W.P. No.2785/2013 (Lok Adalath No. 3828/2017) In W.P. No. 46907/2014:
BETWEEN Karnataka State Road Transport Corporation, Chikmagalur Division, Chikmagalur, By its Divisional Controller, by its Chief Law Officer. ... PETITIONER (By Smt. H.R. Renuka, Advocate) AND 1. The Deputy Labour Commissioner and The Appellate Authority Under the Payment of Gratuity Act, Hassan Region, Hassan – 573 201.
2. The Assistant Labour Commissioner and Controlling Authority Under the Payment of Gratuity Act, Chikmagalur Division, Chikmagalur – 577 101.
3. Kanthappa @ Deshaiah @ Deshipoojari, Adult, R/o Varadshree, Pragathinagar, Loyella Post, Belthangady Taluk, Mangalore District-575 001. ... RESPONDENTS (By Sri. Shashidhar Karmadi, HCGP directed to take notice for R-1 & R-2, Sri. A.G. Sridhar, Advocate accepts notice for R-3) THIS WP FILED U/A 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28.07.2011 IN NO. PGA/SR/71/2007-08 PASSED BY THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY – 2ND RESPONDENT VIDE ANNEXURE ‘C’; ETC.
In W.P. No. 2785/2013:
BETWEEN Sri. Kanthappa S/o Deshaiah @ Deshi Poojari, Aged about 64 years, Retired KSRTC Driver, “Varada Shree”, Pragathi Nagara, Layila Post, Belthangadi Taluk, Mangaluru District-574 240. … PETITIONER (By Sri. A.G. Sridhar, Advocate) AND The Divisional Controller, K.S.R.T.C., Chickmagalore Division, Chickmagalore – 577 101. ... RESPONDENT (By Smt. H.R. Renuka, Advocate) THIS WP FILED U/A 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17.07.2012 IN NO.
D.L.C.H./PGA/SR/26/2011-12 PASSED BY THE ASSISTANT LABOUR COMMISSIONER VIDE ANNEXURE ‘C’; ETC.
THESE WRIT PETITIONS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the order dated 28.07.2011 in No. PGA/SR/71/2007-08 passed by the by the Assistant Labour Commissioner and Controlling Authority – 2nd Respondent vide Annexure ‘C’.
2. After negotiations, the parties have arrived at settlement. According to the settlement, the petitioner – Karnataka State Road Transport Corporation has agreed to pay and the respondent No.3 – Claimant has agreed to receive a lump-sum of Rs. 15,000/- (Rupees Fifteen Thousand only), in full and final settlement of the claim of respondent No.3 towards payment of gratuity. A Joint Memo is filed on behalf of the parties to this effect.
3. The entire amount as agreed by the parties, shall be released in favour of the respondent No.3 on deposit made by the petitioner, on proper identification and the remaining amount if any, shall be released in favour of the petitioner - Corporation.
4. Accordingly, the Writ Petition is disposed of modifying the Order dated 28.07.2011 passed by the 2nd Respondent. In view of the settlement arrived at between the parties in W.P. No. 46907/2014, the W.P. No. 2785/2013 filed by the claimant is dismissed as withdrawn.
Sd/- JUDGE Sd/- MEMBER Rbv* FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT W.P. NO. 46907/2014 (LOK ADALATH NO. 3827/2017) C/w W.P. No.2785/2013 (Lok Adalath No. 3828/2017) BETWEEN:
KSRTC ... Petitioner/s AND:
THE DEPUTY LABOUR COMMISSIONER & OTHERS. ... Respondent/s JOINT MEMO This Writ Petition is filed challenging the order passed by the Asst. Labour Commissioner and Controlling Authority bearing No.PGA/SR/71/2007-08 dated 28.07.2011 and the order passed by the Deputy Labour Commissioner dated 17.07.2012 in DYLCH-1/PGA/SR/26/2011-12. The Writ Petition has been referred to this Lok Adalat by the Hon'ble High Court U/S.20 of the Legal Services Authorities Act.1987. The contested parties to the petition have settled their claim before the Lok Adalat on the following terms:
The petitioner & respondent 3 being the contested parties to the proceedings have agreed to settle the case. The petitioner has agreed to pay a lump-sum of Rs.15,000/- (Rupees Fifteen Thousand only), in full and final claim of the respondent No.3 towards payment of gratuity and the respondent No.3 has agreed to receive the same in the above terms. The amount agreed as above be released in favour of the Respondent No.3 from the deposit made before the Asst. Labour Commissioner and the remaining amount be released in favour of the petitioner – Corporation. W.P. No.2785/2013 is dismissed as withdrawn.
The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 22.09.2017 at Bengaluru Bench.
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ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S