IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.19824 OF 2017 (L-KSRTC) BETWEEN KARNATAKA STATE ROAD TRANSPORT CORPORATION TUMKUR DIVISON TUMKUR BY ITS DIVISIONAL CONTROLLER REP. BY ITS CHIEF LAW OFFICER.
(BY SMT RENUKA H R, ADVOCATE) AND 1. THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT REGION-I, KARMIKA BHAVANA, BANNERGHATTA ROAD, BANGALORE - 560 029.
2. THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT DIVISION I, KARMIKA BHAVANA, BANNERGHATTA ROAD, BANGALORE - 560 029.
3. S DODDAIAH S/O SOORAPPA, ADULT ... PETITIONER R/O YAMMIRALLI HULIYUR POST SIRA TALUK TUMKUR DISTRICT - 572 101.
... RESPONDENTS (BY SRI A C BALARAJ, HCGP FOR R1 & R2 SRI M C BASAVARAJ, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT PETITION AND QUASH THE ORDERS DTD.29.6.2015 PASSED BY THE R-2 VIDE ANNEX-C AND DTD.22.10.2016 PASSED BY THE R-1 VIDE ANNEX-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
Learned Counsels have filed a joint memo stating that the matter has been amicably settled between the parties herein.
2. In terms of the settlement, the impugned order is modified directing the petitioner-Corporation to pay the third respondent a sum of Rs.78,376/- with interest at 10% p.a. from the date of petition i.e., 23.07.2014 till the date of deposit i.e., 10.08.2015 in full and final settlement of the claim of the third respondent towards gratuity.
3. The learned Counsels admit that the deposit made by the petitioner before the Controlling Authority has been invested in a Nationalised Bank and it is also submitted that the entitlement of the third respondent is much lesser than the amount that is already deposited before the Controlling Authority. The third respondent shall be entitled to receive the said amount of Rs.78,376/- with interest as agreed above, in addition along with accrued interest from 10.08.2015 till the date of settlement before the Controlling Authority. The rest of the deposit along with interest shall go to the petitioner-Corporation.
In terms of the above, the petition is disposed of.
SD/- JUDGE JT/-