Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 55263 (KAR)

THE DIVISIONAL CONTROLLER v. SRI. B. GANESHAPPA,

WP/32157/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT: THE HON'BLE MR. JUSTICE B M SHYAM PRASAD & SRI. B.S. PRASAD, MEMBER W.P. No.32157/2024 (Lok Adalat No.4727/2025) BETWEEN: THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERE DIVISIONAL OFFICE, R. H. BUILDING, BESIDE BATA SHOW ROOM, OLD P. B. ROAD, OPP AHAR 2000 HOTEL, DAVANAGERE, BY ITS CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BENGALURU-560 027. ...PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1 . SRI. B. GANESHAPPA, S/O. B. VEERAPPA, 2 KSRTC RETIRED CONDUCTOR 1047, R/O. ALURU VILLAGE, HIREKOGALURU POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 001. 2 . LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972, DAVANAGERE DISTRICT, DAVANAGERE-577 001. 3 . ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972, BALLARI DIVISION, DAVANAGERE-577 001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2/LABOUR OFFICER DATED 21.09.2023 BEARING NO. KA A DA/PGA/CR-949/2017 BY THE R-2 VIDE ANNX-A AND THE ORDER DATED 31.05.2024 BY THE R-3 IN NO. SAKA A DA/PGA/APPEAL/CR 40/2023-24 VIDE ANNEXURE-B AND ETC., THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCIALIATION ORDER IS PASSED: 3 CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the orders dated 21.09.2023 passed by the 2nd respondent/Labour Officer, bearing No. KA A DA/PGA/CR-949/2017 vide Annexure A and the order dated and 31.05.2024 passed by 3rd respondent in No. SAKA A DA/PGA/APPEAL/CR 40/2023-24 vide Annexure-B. After negotiations, the parties have arrived at settlement. Accordingly, both the parties have filed a Joint Memo duly signed before the Lok Adalath. The said Joint Memo reads as follows: 1. The petitioner – Corporation has agreed to pay gratuity amount of Rs.84,034/- with 8% interest from the date of application till the date of deposit in full and final settlement of the case. 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. 4 Accordingly, this Writ Petition is disposed of in terms of the Joint Memo quashing the orders dated 21.09.2023 passed by the 2nd respondent/Labour Officer, bearing No. KA A DA/PGA/CR- 949/2017 vide Annexure A and the order dated and 31.05.2024 passed by 3rd respondent in No. SAKA A DA/PGA/APPEAL/CR 40/2023-24 vide Annexure-B, and directing the petitioner to settle the respondent's entitlement as agreed as expeditiously as possible but within an outer limit of four[4] months from today. Sd/- JUDGE Sd/- MEMBER NV 5 FILED BEFORE LOK ADALAT HIGH COURT LEGAL SERVICES COMMITTEE,BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP.NO.32157/2024 (LOK ADALAT NO. 4727/2025) BETWEEN THE DIVISIONAL CONTROLLER, KSRTC …Petitioner AND: SRI. B. GANESHAPPA …Respondent JOINT MEMO The WP filed against the order in ALC/APGA/CR-40/2023-24 dated 31.05.2024 & PGA/CR-949/2017 dated 21.09.2023 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 amount of Rs.84,034/- with 8% interest from the date of application till the date of deposit in full and final settlement of the case. 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. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 26.04.2025 at Bengaluru Bench. Sd/- Sd/- PETITIONER RESPONDENT Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S