RAJAKUMARA v. ASSISTANT LABOUR COMMISSIONER

(BY SMT. SHWETHA ANAND, ADVOCATE) ...PETITIONER 2 AND:

#3. THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 REGION-1, KARMEEKA BHAWAN, BANNERGHATTA ROAD, BANGALORE - 560026 THE LABOUR OFFICER AND CONTROLLING AUTHORITY TUMAKURU UNDER THE PAYMENT OF GRATUITY ACT, 1972 TUMAKURU DISTRICT TUMAKURU - 572101 SRI RAJAKUMARA EX-CONDUCTOR S/O LATE MADAPPA AGED ABOUT 60 YEARS R/A "CHETHANA NILAYA", BEHIND MIRJI PETROL BUNK, 80 FEET ROAD, 2ND CROSS, MAHALAKSHMINAGAR, BATAWADI, TUMKUR - 572103 …RESPONDENTS (BY SRI M.C. BASAVARAJU, ADVOCATE FOR R3) 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 APPEALLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, IN RESPECT OF APPEAL NO.PGA(A)/CR- 6/2018-19 C/W APPEAL NO.PGA (A)/CR-2/2018-19 ANNEXED AND MARKED AS ANNEXURE-A AND QUASH THE 15.10.2019 PASSED THE IMPUGNED ORDER DATED 3 APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, IN RESPECT OF APPEAL NO.PGA(A)/CR- 6/2018-19 C/W APPEAL NO.PGA (A)/CR-2/2018-19 ANNEXED AND MARKED AS ANNEXURE-A. IN W.P.NO.11919/2021 BETWEEN: RAJAKUMARA S/O LATE MADAPPA, AGED ABOUT 61 YEARS, (SENIOR CITIZEN BENEFITS ARE NOT CLAIMED) R/A 'CHEETANA NILAYA', BEHIND MIRGI PETROL BUNK, 2ND CROSS, 80 FEET ROAD, MAHALAKSHMI NAGARA, BATAWADI, TUMKUR-572103. ...PETITIONER (BY SRI. M.C.BASAVARAJU, ADVOCATE) AND:

#3. ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY, REGION-1, KARMIKA BHAVANA, BANNERGHATA ROAD, BANGALORE-560 026. LABOUR OFFICER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, TUMKUR SUB DIVISION, TUMKUR-572 101. DIVISIONAL CONTROLLER KSRTC, 4 TUMKUR DIVISION, TUMKUR-572 101. …RESPONDENTS (BY SMT. H.R. RENUKA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.KAAATU/PGA/CR-45/2016-17 DATED 28.05.2018 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-A TO THIS WRIT PETITION AND ORDER BEARING NO.SAKAAABAN-1/PGA(A)/CR-2/2018-19 DATED15.10.2019 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-B TO THE WRIT PETITION IN SO FAR AS DENIAL OF GRATUITY FOR THE BADLI PERIOD FROM 26.09.1981 TO 28.04.1987 IS CONCERNED AND ETC. THESE WRIT PETITIONS COMING ON FOR CONCILIATION FOLLOWING LOK ADALAT, THE BEFORE NATIONAL CONCILIATION ORDER IS PASSED: CONCILIATION ORDER In W.P.No.13922/2020, the petitioner - KSRTC has prayed for quashing the order dated 15.10.2019 vide Annexure-A. In W.P.No.11919/2021 petitioner has prayed for quashing the order dated 28.05.2018 passed by the 2nd respondent vide Annexure-A and also to quash the order dated 15.10.2019 passed by the 1st respondent vide Annexure-B. 5

#2. After negotiations, the parties in both the writ petitions 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-2 & 6/2018- 2019 dated 15.4.2017 & PGA/CR-45/2016-2017 dated 28.5.2018 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.1,43,792/- 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. In view of the above settlement, the connect matter WP No.11919/2021 is disposed off. 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, these Writ Petitions are disposed off in terms of the Joint Memo modifying the order dated 15.10.2019 vide Annexure-A in 6 W.P.No.13922/2020 and quashing the order dated 28.05.2018 passed by the 2nd respondent vide Annexure-A and the order dated 15.10.2019 passed by the 1st respondent vide Annexure-B in W.P.No.11919/2021. Sd/- JUDGE Sd/- MEMBER 7 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 13922/2020 (LOK ADALATH NO. 3741/2024) C/W WP. NO. 11919/2021 (LOK ADALATH NO. 3740/2024) BETWEEN KSRTC AND: THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY JOINT MEMO …Petitioner …Respondent The WP filed against the order in ALC-2/APGA/CR-2 & 6/2018-2019 dated

15.4.2017& PGA/CR-45/2016-2017 dated 28.5.2018 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.1,43,792/- 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. In view of the above settlement, the connect matter WP No.11919/2021 is disposed off. 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