(BY SRI. R. SOMASUNDAR, ADVOCATE) & Ors. v. Kallurappa

(BY SRI. R. SOMASUNDAR, ADVOCATE) AND:

#1. THE DIVISIONAL CONTROLLER, K.S.R.T.C., URBAN DIVISION, BANNIMANTAP ROAD, MYSORE - 570 017.

#2. THE ASSISTANT LABOUR COMMISSIONER & CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT OF 1972, GOVERNMENT OF KARNATAKA, LABOUR DEPARTMENT, MYSORE URBAN DISTRICT, MYSORE.

#3. THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT OF 1972, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2677 WP No. 3857 of 2014 REGION-2, KARMIKA BHAVAN, BANNERUGATTA ROAD, BANGALORE - 560 029. …RESPONDENTS (BY SMT. H.R. RENUKA, ADVOCATE FOR R1; SMT. RASHMI RAO, HCGP FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-3 DATED 14.2.2012 VIDE ANN-B, ILLEGALLY MODIFYING ORDER OF THE R-2 DATED

16.12.2009 VIDE ANN-A AND ETC., THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard Sri. R. Somasundar, learned counsel appearing for the petitioner, Smt. H.R.Renuka, learned counsel appearing for respondent No.1 and Smt. Rashmi Rao, learned High Court Government Pleader appearing for respondent Nos.2 and 3.

#2. This Writ Petition is arising from the order dated

14.02.2012 passed by the Deputy Labour Commissioner. In terms of the said order, two appeals before the authority - 3 - NC: 2025:KHC:2677 WP No. 3857 of 2014 were adjudicated. Appeal filed by the employer-KSRTC is dismissed and appeal filed by the employee - the present petitioner is allowed in part. Aggrieved by the disallowed claim, the employee- petitioner is before this Court.

#3. Certain facts are not in dispute. The original petitioner was employee of respondent No.1-Corporation, and retired on 28.02.2023. On his retirement, the employee claimed retirement benefits wherein he urged that he is entitled to the retirement benefits by taking into account Dearness Allowance and the last drawn salary.

#4. The employee made a claim before the Assistant Labour Commissioner. The said claim is allowed only in part. Aggrieved by the said order, the employee filed an appeal before the Deputy Labour Commissioner. Said appeal is allowed in part and the order of the Assistant Labour Commissioner was partially modified.

#5. The employee is before this Court impugning the rejected claim by the Deputy Labour Commissioner. - 4 - NC: 2025:KHC:2677 WP No. 3857 of 2014

#6. It is urged by the petitioner that in terms of the provisions of the Payment of Gratuity Act, 1972 the petitioner is entitled to retirement benefits by taking into account the last drawn salary as well as the dearness allowance.

#7. Learned counsel appearing for respondent No.1 would submit that the Division Bench of this Court in the case of North West Karnataka Road Transport Corporation and others vs. Kallurappa S/o Nagappa Hirehal and others1 has held that the employees of 1st respondent-Corporation are entitled to the payment of gratuity as per the settlement arrived at on 17.07.1999 between the employer and employee and not beyond the terms of the settlement.

#8. Learned counsel appearing for 1st respondent submits that against the aforementioned order passed by the Division Bench of this Court, the aggrieved parties have filed 1 W.A.No.100195/2015 and connected matters - 5 - NC: 2025:KHC:2677 WP No. 3857 of 2014 a Special Leave Petition before the Hon'ble Apex Court, and same is pending consideration.

#9. Since, the Division Bench of this Court has taken a view which is against the contentions raised by the petitioner, the present petition does not survive consideration. Hence the matter is disposed of with following observations.

#10. It is made clear that in case, aforementioned Special Leave Petition is allowed and if the orders passed in Writ Appeal are modified and set aside, the petitioner is at liberty to move this Court for reopening the case and to seek appropriate orders in terms of the orders passed in the aforementioned Special Leave Petition. Sd/- (ANANT RAMANATH HEGDE) JUDGE JY List No.: 1 Sl No.: 24 CT: BHK