HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JUNE, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY & SRI. A.M. VENKATESH, MEMBER W.P.No.63018/2016 (LK) Lok Adalath No.2435/2017 BETWEEN Karnataka State Road Transport Corporation, Kolar Division, Kolar, by its Divisional Controller, Represented 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, Region-II, Karmeeka Bhawan, Bannerghatta Road, Bangalore – 560 029.
2. The Assistant Labour Commissioner and Controlling Authority under the Payment of Gratuity Act, Division-3,Karmeeka Bhawan, Bannerghatta Road, Bangalore – 560 029.
3. Ashwathamma, Major, W/o Late V. Venkataramanappa, Patravarapalli Village, Yallampalli Post, Bagepalli Taluk – 561 207, Chikkaballapur District. ... RESPONDENTS (By Sri : L. Harish Kumar, Advocate for R-3.
Government Advocate for R-1 and R-2) THIS WP FILED U/A 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28.06.2013 (ANNEXURE ‘A’) IN NO. ALCB-3/PGA/CR/54/2011-12 PASSED BY THE SECOND RESPONDENT – THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, BANGALORE DIVISION-3, BANGALORE, ETC.
THE PETITION 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 challenged the order dated 28.06.2013 in No. ALCB-3/PGA/CR/54/2011-12 passed by the Second Respondent – The Assistant Labour Commissioner And Controlling Authority Under The Payment Of Gratuity Act, Bangalore Division-3, Bangalore vide Annexure – A and the Order dated 24.05.2016 passed in DLCB- 2/DLC/CR/CR/178A/2013-14 on the file of the Deputy Labour Commissioner.
2. After negotiations, the parties have arrived at settlement in terms of Joint Memo. According to the settlement, the petitioner has agreed to pay a sum of Rs.20,650/- (Rupees Twenty Thousand Six Hundred and Fifty only) with interest at 10% p.a. from 01.02.2012 till the date of deposit, 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 directed to release in favour of the respondent No.3 from the deposit made before the Assistant Labour Commissioner and the remaining amount be released in favour of the petitioner – Corporation.
3. Accordingly, the Writ Petition is disposed of in terms of the Joint Memo, modifying the judgment dated 28.06.2013 passed by the Assistant Labour Commissioner and Controlling Authority under the Payment of Gratuity Act, Bangalore Division-3, Bangalore.
Sd/- JUDGE Sd/- MEMBER Rbv* FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT W.P. NO. 63018/2016 (LOK ADALATH NO. 2435/2017) 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. ALCB-3/PGA/CR/54/2011-12 dated 28.06.2013 and the order passed by the Deputy Labour Commissioner dated 24.05.2016 in DLCB-2/DLC/CR/CR/178A/2013-14. The Writ Petition has been referred to this LokAdalat 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 No.3 being the contested parties to the proceedings have agreed to settle the case. The petitioner has agreed to pay a sum of Rs.20,650/- (Rupees Twenty Thousand Six Hundred and Fifty only) with interest at 10% per annum from 01.02.2012 till the date of deposit, 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.
The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 21.06.2017 at Bengaluru Bench.
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ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S