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2002 Supreme(Kar) 771

V.GOPALA GOWDA
SIDDARAMAIAH A – Appellant
Versus
ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, BANGALORE – Respondent


Advocates:
Manjula Kulkarni, PUTTIGE R.RAMESH, V.S.NAIK

V. GOPALA GOWDA, J.

( 1 ) THE petitioner who was working as driver, Kanakapura Depot, Karnataka State road Transport Corporation (in short thecorporation) has filed this Writ Petition seeking for issuance of a writ of certiorari or order or direction quashing that portion of the order passed by the first respondent dated June 6, 2000 vide Annexure-D directing the corporation to pay the balance amount of Rs. 4,628/- as against Rs. 38,669/ -. Further the petitioner has sought for issuance of a writ of mandamus directing the second respondent to pay the aforesaid balance amount of gratuity urging various facts and legal contentions. The case of the petitioner is that, he was appointed as Driver in the Kanakapura Depot of the corporation which is under the jurisdiction of 2nd respondent on November 13, 1976 and retired from service on December 31, 1994 on attaining the age of superannuation after rendering service for a period of 18 years and one month. His basic pay was Rs. 2,325/- per month and was drawing Dearness Allowance of Rs. 2,132/- per month. In the Corporation, the Gratuity Scheme is framed in the settlement between it and workmen representatives for which its employees are















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