What did the High Court hold?

The High Court disposed of the writ petition based on a joint memo filed by both parties. The parties agreed to a settlement where the employee consented to deductions for a loan and income tax paid by the corporation.

The Karnataka State Road Transport Corporation challenged orders from the Labour Commissioner and Appellate Authority regarding gratuity payment to an employee. The employee had claimed a difference in gratuity, which was awarded by the authorities.

What were the issues?

The primary issue was the dispute over the correct gratuity amount payable to the employee. The case was resolved through a mutual settlement between the employer and employee.

Karnataka State Road Transport… vs The Deputy Labour Commissioner | Karnataka High Court 2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2016 BEFORE:

THE HON’BLE MR.JUSTICE G.NARENDAR

WRIT PETITION No.47800/2015 (L-KSRTC)

BETWEEN

KARNATAKA STATE ROAD TRANSPORT CORPORATION TUMKUR DIVISION TUMKUR BY ITS DIVISIONAL CONTROLLER REPRESENTED BY BY ITS CHIEF LAW OFFICER. .. PETITIONER

(BY SMT. H.R. RENUKA-ADV)

AND

THE DEPUTY LABOUR COMMISSIONER

AND THE APPELLATE AUTHORITY

UNDER THE PAYMENT OF GRATUITY ACT

REGION-2, KARMEEKA BHAWAN

BANNERGHATTA ROAD

BANGALORE-560029.

THE ASSISTANT LABOUR COMMISSIONER

AND CONTROLLING AUTHORITY

UNDER THE PAYMENT OF GRATUITY ACT

DIVISION-1, KARMEEKA BHAWAN

BANNERGHATTA ROAD

BANGALORE-560029.

C. KARIBASAPPA

S/O CHANNABASAIAH

ADULT

R/O SIDDESHWARA NILAYA

KUVEMPUNAGARA

NEAR KALIDASA COLLEGE

SIRA GATE, TUMKUR-571145. ... RESPONDENTS

(BY SRI. L.SHEKAR-ADV FOR R3)

* * *

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 27.6.2011 (ANNEX-D) PASSED BY R-2 AND QUASH THE ORDER DATED: 30.3.2015 (ANNEX-E).

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and the respondent.

The petitioner before the Court is the Corporation being aggrieved by the order of the Original Authority awarding a sum of Rs.65,400/-, being the difference in the gratuity amount claimed by the third respondent and also the order of the Appellate Authority confirming the order of the Original Authority.

Today the counsel for the petitioner and third respondent have filed a joint memo, extracted below, stating that the issue has been settled and the workman has consented for the deduction of a sum of Rs.19,000/- which he had obtained by way

of loan and a sum of Rs.3,745/- paid by the Corporation towards income tax. JOINT MEMO

The petitioner and the third respondent have agreed to settle the case, consequently the order of second respondent dated:27.6.2011 (Annexure-D) and the order of the first Respondent dated:30.3.2015 (Annexure-E) may kindly be modified as under:

“The third respondent is entitled for difference in gratuity of Rs.42655 with interest at 10% p.a from the date of petition i.e. 1.5.2008 till the date of deposit i.e. 2.8.2011, in full and final settlement of gratuity claim made by the third respondent”.

In view of the settlement arrived at between the parties, the writ petition is disposed of in terms of the joint memo. The impugned orders at Annexures D and E stand modified accordingly.

Sd/-

JUDGE

KARNATAKA STATE ROAD TRANSPORT CORPORATION vs. THE DEPUTY LABOUR COMMISSIONER

What did the High Court hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments