SRI V S NAIK, ADVOCATE) v. SMT RASHMI RAO, HCGP FOR R2 AND R3)

MR CHANDRAPPA, S/O LATE SRI.B. BORAIYA, AGED ABOUT 68 YEARS, R/AT NO.9, ESHA KRUPA, 9TH CROSS, 1ST BLOCK, R.K. NAGAR, MYSORE-570 023, NOTE: SENIOR CITIZENSHIP NOT CLAIMED. (BY SMT MANJULA KULKARNI, ADVOCATE FOR SRI V S NAIK, ADVOCATE) …PETITIONER Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA AND:

#1. THE DIVISIONAL CONTROLLER KSRTC, URBAN DIVISION, BANNIMANTAPA, MYSORE - 570001.

#2. THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY, UNDER THE PG ACT, DIVISION NO.2, KARMIKA BHAVANA, BENGALURU-560 029.

#3. THE ASST. LABOUR COMMISSIONER UNDER THE PG ACT, MYSORE DIVISION, MYSORE - 570002. (BY SMT H R RENUKA, ADVOCATE FOR R1, SMT RASHMI RAO, HCGP FOR R2 AND R3) …RESPONDENTS - 2 - NC: 2025:KHC:1450 WP No. 59797 of 2014 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE R-2 & R-3 PERTAINING TO ANNEXS-D & H. QUASH THE ORDER DTD.21.12.2010 PASSED BY THE R-3 AND THE ORDER DTD.29.9.2012 PASSED BY THE R-2 VIDE ANNEXS-D & H RESPECTIVELY SINCE THE AUTHORITIES ERRED IN REJECTING THE CLAIM APPLICATION FILED BY THE PETITIONER CLAIMING BALANCE AMOUNT OF GRATUITY 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 Smt. Manjula Kulkarni, the learned counsel appearing for the petitioner, Smt. H.R.Renuka, the learned counsel appearing for respondent No.1 and Smt. Rashmi Rao, the learned High Court Government Pleader appearing for respondents No.2 and 3.

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

21.12.2010 passed by the Assistant Labour Commissioner and the order dated 29.09.2012 passed by the Deputy Labour Commissioner.

#3. Certain facts are not in dispute. The original petitioner was employee of respondent No.1-Corporation, - 3 - NC: 2025:KHC:1450 WP No. 59797 of 2014 and retired on 30.04.2004. 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 dismissed. Aggrieved by the said order, the employee filed an appeal before the Deputy Labour Commissioner. Said appeal is also dismissed.

#5. Aggrieved by the disallowed claim, the employee- petitioner is before this Court.

#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 - 4 - NC: 2025:KHC:1450 WP No. 59797 of 2014 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 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 1 W.A.No.100195/2015 and connected matters - 5 - NC: 2025:KHC:1450 WP No. 59797 of 2014 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 GVP List No.: 1 Sl No.: 45