IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION NO. 22853/2017(S-R) BETWEEN:
S.P. Kalas, S/o Pandurang Rama Kalas, 61 years, Retired as Junior Engineer, Karnataka Rural Infrastructure Development Limited, Mangaluru, R/at Flat No.302, Shangerila Complex, Morgans Gate, Mangaluru – 575 001. …Petitioner. (By Shri. A.R.Holla, Advocate) AND:
Karnataka Rural Infrastructure Development Limited, Graminabhivruddi, Bhavana, 4th and 5th Floor,Anand Rao Circle, Bengaluru – 560 009.
By its Managing Director. …. Respondent. (Sri. Gururaj Joshi, Advocate) This writ petition is filed under Article 226 of the Constitution of India to direct the respondent to furnish a true and fair account of the terminal benefits due to the petitioner including gratuity and make payment of the same after deducting the amount paid already in pursuance of his representation dated 03/11/2016 vide Annexure-J with interest at 12% p.a. from 31/01/2016 till the date of actual payment etc.
This writ petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following;
ORDER Pursuant to the order dated 04/07/2019, Sri. Venkatesh B, I.F.S, Managing Director of Karnataka Rural Infrastructure Development Limited, is present before the Court. It is stated by him that he has reported as a Managing Director of Karnataka Rural Infrastructure Development Limited in the month of August 2018 and there is inaction on the part of the respondent due to misplacement of file. The same cannot be accepted as an excuse. He has reported in the month of August 2018. By this time he should have rebuild the file. Therefore, he is liable to pay cost of Rs.10,000/- from his pocket to the petitioner.
2. Heard the learned counsel for the parties.
3. In the present writ petition, petitioner has sought the following reliefs;
i) Direct the respondent to furnish a true and fair account of the terminal benefits due to the petitioner including gratuity and make payment of the same after deducting the amount paid already, in pursuance of his representation dated 03/11/2016, Annexure-J, with interest at 12% p.a. from 31/01/2016 till the date of actual payment and;
ii) pass such other order deemed fit having regard to the facts and circumstances of the case including costs and damages.
4. The petitioner has attained the age of superannuation and after retirement from service on 31/01/2016, an amount of Rs.5,24,751/- has been paid to the petitioner as gratuity. The petitioner has not been extended with leave encashment benefit, provident fund dues, calculation of gratuity etc. The petitioner submitted a representation on 03/11/2016 to the respondent for settlement of dues. However, respondent has not considered the said representation. Hence, the present writ petition.
5. Today learned counsel for the respondent has filed a status report along with three documents relating to settlement of Group Gratuity claim. In this regard, correspondence has been made to the Senior Manager, LIC of India, Group Gratuity Section. In so far as remaining benefits, the status report is silent, so also no documents have been furnished. For the first time correspondence for settlement of Group Gratuity claim is being made by the respondent on 18/07/2019. In other words, respondent has opened its eyes only when the special notice was issued to the Managing Director of Karnataka Rural Infrastructure Development Limited.
6. In view of these facts and circumstances, there is a total inaction on the part of the respondent in respect of settling retiral dues to its employee/petitioner. The concerned respondent is hereby directed to rebuild a file in terms of the Government Order issued from time to time by the Finance Department and settle the petitioner’s dues within a period of three months from the date of receipt of a copy of this order. Petitioner is entitled to interest at 8% on retiral benefits including gratuity amount. Since there is inaction on the part of the respondent in communicating the office of the LIC of India regarding settlement of Group Gratuity to the petitioner, interest amount is to be paid by the respondent/Managing Director of Karnataka Rural Infrastructure Development Limited.
7. With the above observations, petition stands disposed of.
Sd/- JUDGE Msu