DIVISIONAL CONTROLLER v. THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY

SRI. MALLAIAH M.R., MEMBER W.P. No.2247/2021 (L-PG) (Lok Adalat No.3561/2024) BETWEEN: DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL DIVISION, K H ROAD, SHANTHINAGAR, BANGALORE-560 027 NOW REPRESENTED BY ITS CHIEF LAW OFFICER, KARNATAKA ROAD TRANSPORT CORPORATION, BENGALURU CENTRAL OFFICES, SHANTHINAGAR, BENGALURU-560027 ...PETITIONER (BY SRI. B.L. SANJEEV, ADVOCATE) AND:

#1. THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972

#3. 2 DIVISION -I, KARMEEKA BHAVANA, BANNERGHATTA ROAD, BANGALORE-560029 THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT REGION-2, KARMEEKA BHAVANA BANNERGHATTA ROAD, BANGALORE-560029 SRI RANGA SHETTY EX-CONDUCTOR, S/O LATE MARISHETTY, AGED ABOUT 66 YEARS, R/A NO.73, 2ND FLOOR, 2ND MAIN, SUBBANNA GARDEN, VIJAYANAGARA, BANGALORE - 560040 (BY AGA FOR R1 AND R2, SRI M.C. BASAVARAJU FOR R3) …RESPONDENTS AND AUTHORITY CONTROLLING THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE ASSISTANT LABOUR COMMISSIONER - RESPONDENT NO.2 DATED IN KAABEM- 2/UPAKA/CR/183/2017-18 AND CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY - RESPONDENT NO.1 UNDER THE PAYMENT OF GRATUITY ACT, IN APPEAL NO.ALC-2/APGA/CR- 14/2019-20AND QUASH THE IMPUGNED ORDER DATED 12.10.2019 PASSED BY THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY- RESPONDENT NO.1 UNDER THE PAYMENT OF GRATUITY ACT IN APPEAL NO.APPEAL NO.ALC- 2/APGA/CR-14/2019-20 VIDE ANNEXURE-B AND ETC.

11.02.2019 3 THIS WRIT PETITION COMING ON FOR CONCILIATION FOLLOWING LOK ADALAT, THE BEFORE NATIONAL CONCILIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the Award dated

12.10.2019 passed by the Assistant Labour Commissioner and Appellate Authority, Bengaluru, in ALC-2/APGA/CR-14/2019-20 and PGA/CR- 183/2017-18 dated 11.02.2019 vide Annexure-A and B.

#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-14/2019-20 dated 12-10- 2019 & PGA/CR-183/2017-18 dated 112.2019 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.1,50,400/- without interest awarded by Gratuity Authorities.

#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

#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."

#3. Accordingly, this Writ Petition is disposed off in terms of the Joint Memo modifying the Award dated 12.10.2019 passed by Assistant Labour Commissioner and Appellate Authority, Bengaluru, in ALC-2/APGA/CR-14/2019-20 and PGA/CR-183/2017-18 dated 11.02.2019 vide Annexure-A and B. Sd/- JUDGE Sd/- MEMBER 5 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 2247/2021 (LOK ADALATH NO. 3561/2024) BETWEEN: DIVISIONAL CONTROLLER KSRTC …Petitioner AND: THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY JOINT MEMO …Respondent The WP filed against the order in ALC-2/APGA/CR-14/2019-20 dated 12-10- 2019 & PGA/CR-183/2017-18 dated 112.2019 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.1,50,400/- without interest awarded by Gratuity Authorities.

#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. Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT/S Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S