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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