IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.41522 OF 2014 (L-KSRTC) Between:
Karnataka State Road Transport Corporation Mandya Division Mandya By its Divisional Controller Represented by its Chief Law Officer.
(By Smt. H.R.Renuka, Advocate) And:
1. The Deputy Labour Commissioner and the Appellate authority under the Payment of Gratuity Act Region 2, Karmeeka Bhawan Bannerghatta Road Bengaluru – 560 029.
2. The Assistant Labour Commissioner and Controlling Authority under the Payment of Gratuity Act Mysore Division, Mysore – 570 001.
3. Chandrakala, W/o. Bella Setty ... Petitioner R/o. Horeyala Post Begur Hobli Gundlapet Taluk Chamarajanagar District – 571 111.
(By Sri. A.C. Balaraj, HCGP for R1 & R2; Sri. B.D.Kuttappa, Advocate for R3.) ... Respondents This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 08.03.2013 (Annexure – C) passed by the R2 and quash the order dated 06.02.2014 (Annexure – E) passed by the R1.
This writ petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER R. DEVDAS J., (ORAL):
The learned counsel for the petitioner and respondent No.3 have filed a Joint Memo dated 13.03.2009 stating that the parties have amicably settled the matter.
2. The petitioner-Corporation has agreed to pay a sum of Rs.56,096/- with interest @ 6% p.a. from the date of application i.e. 29.07.2008 till the date of deposit i.e. 29.05.2013 in full and final settlement of the claim of respondent No.3 towards gratuity.
3. The Joint Memo is taken on record. The petition is disposed of in terms of the Joint Memo dated 13.03.2019. The impugned orders dated 08.03.2013 at Annexure – C and dated 06.02.2014 at Annexure – E are modified in terms of the settlement stated above.
4. The respondent No.2-Controlling Authority shall release the money in excess of Rs.56,096/- and the interest calculated on the said sum @ 6% p.a. from 29.07.2008 to 29.05.2013, in favour of the petitioner-Corporation.
SD/- JUDGE KTY