- 1 - NC: 2025:KHC:2401 WP No. 55253 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 55253 OF 2013 (L-PG) BETWEEN: SRI MOHAMMED ASGAR, BIN LATE ABDULKHADER, AGED ABOUT 68 YEARS, RETIRED CONDUCTOR, NO.75, CITY DEPOT NO.1, K.S.R.T.C., NO.171, TUMKUR ROAD, SRIRANGAPATTANA, R/AT NO.78, BELLUR 6TH BLOCK, NAGAMANAGALA TALUK, MANDYA DISTRICT, (SENIOR CITIZEN NOT CLAIMED ANY BENEFITS). …PETITIONER (BY SRI LAKSHMAN RAO, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER, K.S.R.T.C., MYSORE RURAL DIVISION, BANNIMANTAP ROAD, MYSORE-570017. 2. THE ASSISTANT LABOUR COMMISSIONER & CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT OF 1972, MYSORE DIVISION, LABOUR DEPARTMENT, KUVEMPUNAGARA, MYSORE - 570001. 3. THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT OF 1972, KARMIKA BHAVAN, BANNERUGHATTA ROAD, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2401 WP No. 55253 of 2013 BANGALORE-560029. …RESPONDENTS (BY SMT H R RENUKA, ADVOCATE FOR R1, SRI B T KOLLER, AGA FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-3 APPELLATE AUTHORITY VIDE ORDER DT.21.12.2011 VIDE ANNX-A. DIRECT THE R-1 CORPORATION TO IMPLEMENT THE ORDER PASSED BY THE R-2 CONTROLLING AUTHORITY DT.16.12.2009 VIDE ANNX-C.ISSUE A WRIT OF MANDAMUS TO THE R-2 CONTROLLING AUTHORITY TO RELEASE THE DIFFERENCE OF GRATUITY AMOUNT WHICH IS IN DEPOSIT, AMOUNTING TO RS.1,57,387/- THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard Sri.Lakshman Rao, the learned counsel appearing for the petitioners, Smt. H.R.Renuka, the learned counsel appearing for respondent No.1 and Sri.B.T.Koller the learned Additional Government Advocate appearing for respondents No.2 and 3. 2. This Writ Petition is filed impugning the order passed by the Appellate Authority. The said order is dated 21.12.2011 marked at Annexure-A. In terms of the impugned order, the Appellate Authority has allowed the - 3 - NC: 2025:KHC:2401 WP No. 55253 of 2013 appeal filed by the respondent-Corporation in-part and partially modified the order passed by the Controlling Authority. 3. Aggrieved by the aforementioned order, the petitioner/employee is before this Court. 4. Certain facts are not in dispute. The original petitioner was employee of respondent No.1-Corporation, and retired on 31.01.2003. On his retirement, the employee claimed retirement benefits wherein he urged that he is entitled to the retirement benefits by taking into account Dearness Allowance and the last drawn salary. 5. The employee made a claim before the Controlling Authority. The said claim is allowed. Aggrieved by the said order, the employer filed an appeal before the Appellate Authority. Said appeal is allowed in part and the order of the Controlling Authority was partially modified. 6. The employee is before this Court impugning the rejected claim by the Appellate Authority. - 4 - NC: 2025:KHC:2401 WP No. 55253 of 2013 7. It is urged by the petitioner that in terms of the provisions of the Payment of Gratuity Act, 1972 the petitioner is entitled to retirement benefits by taking into account the last drawn salary as well as the dearness allowance. 8. Learned counsel appearing for respondent No.1 would submit that the Division Bench of this Court in the case of North West Karnataka Road Transport Corporation and others vs. Kallurappa S/o Nagappa Hirehal and others1 has held that the employees of 1st respondent-Corporation are entitled to the payment of gratuity as per the settlement arrived at on 17.07.1999 between the employer and employee and not beyond the terms of the settlement. 9. Learned counsel appearing for 1st respondent submits that against the aforementioned order passed by the Division Bench of this Court, the aggrieved parties have filed 1 W.A.No.100195/2015 and connected matters - 5 - NC: 2025:KHC:2401 WP No. 55253 of 2013 a Special Leave Petition before the Hon'ble Apex Court, and same is pending consideration. 10. Since, the Division Bench of this Court has taken a view which is against the contentions raised by the petitioner, the present petition does not survive for consideration. Hence, the matter is disposed of with following observations. 11. It is made clear that in case, aforementioned Special Leave Petition is allowed and if the orders passed in Writ Appeal are modified and set aside, the petitioner is at liberty to move this Court for reopening the case and to seek appropriate orders in terms of the orders passed in the aforementioned Special Leave Petition. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 42