THE DIVISIONAL CONTROLLER v. SRI. RAVIKUMAR

SRI. MALLAIAH M.R., MEMBER W.P. No.6666/2024 (L-KSRTC) (Lok Adalat No.3572/2024) BETWEEN: 1 . THE DIVISIONAL CONTROLLER KARNATAKA STATE ROAD TRANSPORT CORPORATION(KSRTC) K.B.S DIVISION, DIVISIONAL OFFICE SUBHASHNAGARA, BENGALURU-560 009. HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICES, K.H ROAD,SHANTHINAGARA, BANGALORE-560 027. (By Sri. SANJEEV B L, ADVOCATE) AND: 1 . SRI. RAVIKUMAR S/O. SONNAPPA, ...PETITIONER 2 AGE MAJOR, R/O. NO. 39, SAASEGORAVANAHALLI, BASAVESHWARANAGARA, BENGALURU-560 079. 2 . THE LABOUR OFFICER AND CONTROLLING AUTHORITY FOR PAYMENT OF GRATUITY, SUB DIVISION-5, BENGALURU KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. 3 . THE ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 DIVISION-2, BENGALURU KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 029. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 01/07/2022 PASSED BY THE LABOUR OFFICER & CONTROLLING AUTHORITY FOR PAYMENT OF GRATUITY, SUB- DIVIVION-5, BENGALURU (RESPONDENT NO.2) BEARING NO.KAAAABEN- 5/PGA/CR-134/2017-18 (VIDE ANNEXURE-B) AND THE ORDER DATED 06/05/2023 PASSED BY THE ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, DIVISION-2, BANGALORE (RESPONDENT NO.3) IN NO. SAKAAAAABEN- (VIDE ANNEXURE-C). AND ETC. 2/UPAAKAA (ME)/CR-21/2022-23 THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the order dated

01.07.2022 passed in Order No.KaaAaBen-5/PGA/CR134/2017-18 passed by the 2nd respondent vide Annexure-B and to quash the order dated 06.05.2023 issued by the 3rd respondent vide Annexure-C.

#2. After negotiations, the parties have arrived at settlement. Accordingly, both the parties have filed a Joint Memo duly signed before the Lok Adalath. The said Joint Memo reads as follows : "The WP filed against the order in ALC-2/APGA/CR-21/2022-23 dated 6.5.2023& PGA/CR-134/2017-18 dated 1.7.2022 passed by the Gratuity Authorities has been settled between the parties on the following terms and the award may kindly be modified as under

#1. The petitioner Corporation has agreed to pay Rs.2,15,764/ without interest awarded by Gratuity Authorities. Further, the workman is not entitled for the interest of Rs.93,559/- awarded by the Controlling Authority. However, he is entitled for 8% interest of Rs.7,811/- for the delayed payment of gratuity amount as full and final settlement.

#2. The respondent has agreed to receive the above stated amount as full and final settlement.

#3. The excess gratuity amount deposited by the Corporation should be refunded to Corporation.

#4. The parties to the proceedings have agreed for the above terms: 4 The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 14/12/2024 at Bengaluru Bench."

#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the order dated 01.07.2022 passed in Order No.KaaAaBen- 5/PGA/CR134/2017-18 passed by the 2nd respondent vide Annexure-B and to quash the order dated 06.05.2023 issued by the 3rd respondent vide Annexure-C. Sd/- JUDGE Sd/- MEMBER 5 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 6666/2024 (LOK ADALATH NO. 3572/2024) FILED BEFORE LOKADALAT BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC AND: SRI. RAVIKUMAR JOINT MEMO ... Petitioner ... Respondent The WP filed against the order in ALC-2/APGA/CR-21/2022-23 dated 6.5.2023& PGA/CR-134/2017-18 dated 1.7.2022 passed by the Gratuity Authorities has been settled between the parties on the following terms and the award may kindly be modified as under:

#1. The petitioner – Corporation has agreed to pay Rs.2,15,764/- without interest awarded by Gratuity Authorities. Further, the workman is not entitled for the interest of Rs.93,559/- awarded by the Controlling Authority. However, he is entitled for 8% interest of Rs.7,811/- for the delayed payment of gratuity amount as full and final settlement.

#2. The respondent has agreed to receive the above stated amount as full and final settlement.

#3. The excess gratuity amount deposited by the Corporation should be refunded to Corporation.

#4. The parties to the proceedings have agreed for the above terms. The parties to this petition have set their hands to this settlement before the Lok Adalat in the presence of Conciliators on this 14/12/2024 at Bengaluru Bench. SIGNATURE OF PETITIONER Sd/- Sd/- SIGNATURE OF RESPONDENT/S ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S Sd/-