- 1 - HC-KAR NC: 2025:KHC:47621 WP No. 51361 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 51361 OF 2015 (L-KSRTC) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, BENGALURU RURAL DIVISION, DEEPANJALINAGARA, MYSORE ROAD, BENGALURU. BY ITS DIVISIONAL CONTROLLER REPRESENTED BY ITS CHIEF LAW OFFICER. …PETITIONER (BY SMT. RENUKA H.R., ADVOCATE) AND: 1. THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, REGION 1, KARMEEKA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029. 2. THE ASSISTANT LABOUR COMMISSIONER AND CONATROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, DIVISION-4, KARMEEKA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029. 3. D.KRISHNAPPA, S/O. LATE DODDAMARIYAPPA ADULT R/O. KOTTUR VILLAGE, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47621 WP No. 51361 of 2015 VARTHUR, HOSAKOTE TALUK, MUTTHASANDRA POST, BENGALURU RURAL DISTRICT - 562 114. …RESPONDENTS (BY SRI. RAJENDRA K.R., AGA FOR R1 & 2; R3 - SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.H.R.Renuka., counsel for the petitioner and Sri.Rajendra.K.R., AGA for respondents 1 and 2 have appeared in person. 2. Notice to respondent No.3 was ordered on 04.12.2015. A perusal of the office note depicts that respondent No.3 is served and unrepresented. He has neither engaged the services of an advocate nor conducted the case as a party in person. 3. The orders of the Controlling Authority and the Appellate Authority are called into question in this Writ Petition - 3 - HC-KAR NC: 2025:KHC:47621 WP No. 51361 of 2015 by the Corporation on several grounds as set-out in the Memorandum of Writ Petition. 4. Counsel for the petitioner and AGA for respondents 1 and 2 urged several contentions. Heard the arguments and perused the Writ papers with care. 5. Suffice it to note that the third respondent joined the services of the Corporation as a Driver in 1992 and was placed on probation. On 27.09.2010, he was dismissed from service on the charge of securing an employment by production of a fake transfer certificate. In the dismissal order, a direction was issued to confiscate the gratuity amount. The dispute was raised by the workman in I.D.No.41/2010 before the Labor Court, Bengaluru, was allowed in part, by directing reinstatement of the workman with continuity of service without backwages and with denial of five increments. The Corporation questioned the award in W.P.No.26172/2013 and the workman questioned the award in W.P.No.32911/2013. This Court vide order dated 20.09.2013 disposed of the Writ Petitions and upheld the order of dismissal. The workman assailed the order passed in Writ Petition by filing an appeal in - 4 - HC-KAR NC: 2025:KHC:47621 WP No. 51361 of 2015 W.A.No.6403/2013 and the same came to be dismissed vide order dated 17.11.2014. The workman approached the Hon'ble Apex Court in SLP.No.8255/2015. The Apex Court vide order dated 28.07.2015, converted the order of dismissal into one of compulsory retirement. Counsel Smt.H.R.Renuka., on instructions submits that the Corporation calculated the gratuity as per the regulations and an amount of Rs.1,03,500/- (Rupees One Lakh Three Thousand and Five Hundred only) has been paid to the third respondent - D.Krishnappa and he has received the same on 05.11.2015, as is evident from the order sheet of the Controlling Authority. It is noted that the workman initiated proceedings before the Controlling Authority before the order passed by the Hon'ble Apex Court. It is not in dispute that the Apex Court disposed of the petition only in 2017. The Controlling authority passed the order on 26.05.2012. Hence, this Court deems it proper to modify the order passed by the Controlling Authority holding that he is not entitled to interest on the gratuity amount. - 5 - HC-KAR NC: 2025:KHC:47621 WP No. 51361 of 2015 6. The Writ of Certiorari is ordered. The order dated:26.05.2012 passed by the Controlling Authority as far as awarding of interest is quashed and the order dated:20.05.2015 passed by the Appellate Authority is also quashed. 7. Resultantly, the Writ Petition is allowed in part. SD/- (JYOTI M) JUDGE KMV List No.: 1 Sl No.: 21