IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

WRIT PETITION NO.19351/2016 (L/KSRTC)

BETWEEN :

Karnataka State Road

Transport Corporation,

Bangalore Central Division,

Shanthi Nagar, K H Road,

Bangalore – 560 027

by its Divisional Controller,

represented by its Chief Law Officer.

... Petitioner

(By Smt. Renuka H. R., Advocate)

AND :

1.

The Dy. Labour Commissioner & Appellate

Authority under the Payment of

Gratuity Act, Region 2,

Karmika Bhavan, Bannerghatta Road,

Bengaluru – 560 029.

2.

The Asst.Labour Commissioner &

Controlling Authority under the Payment of

Gratuity Act, Division IV,

Karmika Bhavan, Bannerghatta Road,

Bengaluru – 560 029.

3.

N. Mani,

S/o Narayanaswamy,

2

Adult, No.7, 8^th G Street,

Jogupalya, Ulsoor,

Bengaluru – 560 008.

... Respondents

(By Smt. H.C.Kavitha, High Court Government Pleader for

R1 and R2; Sri Chowdappa D N ., Adv., for R3)

This writ petition is filed under article 226 of the

Constitution of India praying to quash the order dated

14.9.2015 bearing No. DLC B-2/DLC/CR/275/2014-15

passed by the first respondent (Annexure-C).

This writ petition coming on for Preliminary Hearing

in ‘B’ Group this day, the court made the following:

O R D E R

The Counsel for the parties file a Joint Memo, and

in continuation of the Joint Memo, they submit that the

appellate authority has recomputed the gratuity amount

payable by the petitioner and concluded that a sum of

Rs.36,345/- is the difference amount that will have to

be paid by the petitioner along with interest at the rate

of 10% per annum for the period from 3.2.2012 till the

date of deposit. However, the payment of Rs.26,970/-

on 16.5.2007 has not been considered. If this amount

is considered, the petitioner would have to pay only a

3

sum of Rs.9,375/- with interest at the rate of 10% from

3.2.2012 till 8.1.2014. As such, the appellate

authority’s order in No.DLC B-2/DLC/CR/275/2014-15

dated 14.09.2015 may be modified.

In the light of the joint submissions in line with

the Joint Memo, the impugned order by the appellate

authority dated 14.9.2015 is modified holding that the

third respondent would be entitled for a sum of

Rs.9,375/- with interest at the rate of 10% from

3.2.2012 to 8.1.2014.

SD/-

JUDGE

nv