THE DIVISIONAL CONTROLLER v. THE ASSISTANT LABOUR COMMISSIONER
WP/4041/2025 · 2025-03-03
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14979 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14979 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8952 WP No. 4041 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 4041 OF 2025 (L-PG) BETWEEN:
THE DIVISIONAL CONTROLLER KSRTC, BANGALORE CENTRAL DIVISION, SHANTHINAGAR, -27.
BANGALORE - 560027 REPRESENTED BY ITS DIVISIONAL CONTROLLER REPRESENTED BY BY ITS CHIEF LAW OFFICER …PETITIONER (BY SRI. SAMARTH PRAKASH.,ADVOCATE) AND:
1.
THE ASSISTANT LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY FOR GRATUITY ACT, DIVISION-4, KARMIKA BHAWAN, BANNERGHATTA ROAD, BANGALORE - 29
2.
THE LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT KARMIKA BHAWAN, BANNERGHATTA ROAD, BANGALORE - 29
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8952 WP No. 4041 of 2025
3.
T. V. DEVENDRA KUMAR, S/O M. VENKATAPPA, AGED ABOUT 64 YEARS 7TH CROSS, SRIRAMNAGAR, HOSPETE, TUMKURU-572101. …RESPONDENTS (BY SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1 AND R2;
SRI. T.V.DEVENDRA KUMAR - R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDAI PRAYING TO QUASH THE
ORDER BEARING NO ALO- 4/APGA/CR/40/2023-24 DATED 08.07.2024 (ANNEXURE C) PASSED BY THE FIRST RESPONDENT; QUASH THE ORDER BEARING NO. LO-A/PGA/CR/68/2022-23 DATED 30.10.2023 (ANNEXURE A) ISSUED BY THE SECOND RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER
This petition is filed calling in question the second respondent's
order dated 30.10.2023 [Annexure-A] and the first respondent's order dated 08.07.2024 [Annexure-C]. The orders relate to the third respondent's entitlement to gratuity. The third respondent is served, and he is present in person.
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NC: 2025:KHC:8952 WP No. 4041 of 2025
The third respondent has produced copies of the Identity Card and Aadhaar Card to establish his identity. The third respondent submits that his current address is as mentioned in the Aadhaar Card as he has relocated from the location as mentioned in the Memorandum of Writ Petition. These are perused, and copies of these are retained for record. Presently, Joint Memo is filed which reads as under:
"The WP filed against the order in ALC- 4/APGA/CR-40/2023-24 dated 08.07.2024 & PGA/CR-68/2022-23 dated 30.10.2023 passed by the Gratuity Authorities has been settled between the parties on the following terms and the award may kindly be modified as under:
1. The petitioner - Corporation has agreed to pay gratuity from 24.09.1982 to 18.12.1994 with 8% interest from the date of application till the date of deposit in full and final settlement of the case. Further the Corporation has agreed to pay Rs.45,483/- awarded by the Controlling Authority for the delayed payment of Gratuity amount.
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NC: 2025:KHC:8952 WP No. 4041 of 2025
2. The respondent has agreed to receive the above stated amount as full and final settlement.
3. The excess gratuity amount deposited by the Corporation should be refunded to Corporation.
4. The parties to the proceedings have agreed for the above terms."
In the light of the afore, the petition stands
disposed of.
Sd/- (B M SHYAM PRASAD) JUDGE
RB