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2026 DAILYLAW 26808 (KAR)

KARNATAKA STATE ROAD TRANSPORT CORPORATION v. THE DEPUTY LABOUR COMMISSIONER

WP/45960/2015 · 2026-07-08

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34310 WP No. 45960 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 45960 OF 2015 (L-KSRTC) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, BENGALURU CENTRAL DIVISION, BENGALURU, BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY 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, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU-560029. 2. THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, DIVISION 4, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU-560029. 3. B.SAROJA, D/O. LATE MUNICHENNA ADULT, R/O NO.5, KRISHNAPPA GARDEN, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34310 WP No. 45960 of 2015 N.R.PET, VIVEKNAGAR POST, BENGALURU 560047. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA FOR R1 & R2; SRI. LAKSHMAN RAO, ADVOCATE FOR R3 - ABSENT) 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.K.P.Yoganna, Additional Government Advocate for respondent Nos.1 and 2 appeared in person. There is no representation on behalf of respondent No.3, either personally or through video conferencing. The petition was listed on 24.06.2026, on that day also there was no representation on behalf of respondent No.3. It was also made clear that if none appears for respondent No.3 on the next date of hearing, the Court will proceed to pass orders on the merits of the case. Hence, this Court deems it appropriate to pass orders on the merits of the case. - 3 - HC-KAR NC: 2026:KHC:34310 WP No. 45960 of 2015 2. The workman was appointed as a sweeper in the establishment of the Corporation. He was retired from service on 31.03.2004. The Corporation paid the gratuity. The workman was entitled to a sum of Rs.1,99,056/- and the Corporation paid a sum of Rs.1,86,602/- and another sum of Rs.10,637/- was also paid, totally a sum of Rs.1,97,239/- was paid. The Controlling Authority considered payment of gratuity to the workman as a sum of Rs.1,86,602/- without considering the payment of Rs.10,637/-. To substantiate the contention that the Corporation paid the amount of Rs.10,637/- the Corporation furnished Ex.R5 before the Controlling Authority and the same has been furnished as Annexure-A in the writ petition. A perusal of Annexure-A reflects that a sum of Rs.10,637/- has been received by the workman. Hence, the Controlling Authority erred in not taking into consideration of the sum of Rs.10,637/- while passing the order. Hence, the orders of the Gratuity Authorities are modified holding that the workman is entitled to a sum of Rs.1817/- with interest at the rate of 10% from the date of application till the date of deposit. - 4 - HC-KAR NC: 2026:KHC:34310 WP No. 45960 of 2015 3. Accordingly, the writ petition is disposed of. Because of disposal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 20