THE PRINCIPAL AND DIRECTOR (TRAINEE) v. SRI. AHAMAD NAZ

SRI. MALLAIAH M.R., MEMBER W.P. No.9721/2023 (L-KSRTC) (Lok Adalat No.3569/2024) BETWEEN: 1 . THE PRINCIPAL AND DIRECTOR (TRAINEE) KARNATAKA STATE ROAD, TRANSPORT CORPORATION(KSRTC), CENTRAL TRAINING CENTRE SHANTHINAGARA, KH ROAD BANGALORE 560 027 HEREIN REPRESENTED BY THE CHIEF LAW OFFICER KSRTC CENTRAL OFFICES K.H ROAD, SHANTHINAGARA, BENGALURU 560 027. (By Sri. SANJEEV B L, ADVOCATE) AND: 1 . SRI. AHAMAD NAZ S/O. ABDUL ROUZ KHAN, AGE MAJOR, DOOR NO 22/1711, ...PETITIONER 2 1ST CROSS, 5TH MAIN ROAD, MADEENANAGARA, MANGAMMANAPALYA B HALLI, BENGALURU 560 068. 2 . THE LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT DIVISION-4 KARMIKA BHAVANA BANNERGHATTA ROAD BENGALURU 560 029. 3 . THE ASSISTANT LABOUR COMMISSIONER BENGALURU DIVISION-4 KARMIKA BHAVANA BANNERGHATTA ROAD BENGALURU 560 029 (By Sri. NAGABHUSHANA H K, ADVOCATE) …RESPONDENTS THIS WP IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 18/06/2022 PASSED BY THE LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, BENGALURU SUB-DIVISION-4 (RESPONDENT NO.2) BEARING NO.KaaAaaBen-4/PGA/CR-21/2018-19 (VIDE ANNEXURE-D) AND THE ENDORSEMTN ISSUED BY THE ASSISTANT LABOUR COMMISSIONER, (RESPONDENT NO. 3) IN NO. SaKaaAaaBen- DIVISION-4, BANGALORE ANNEXURE-E) 4/PGA/CR-39 27/01/2023 DATED 2022-23 (VIDE THIS WRIT PETITION COMING ON FOR CONCILIATION FOLLOWING LOK ADALAT, THE BEFORE NATIONAL CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the order dated

18.06.2022 passed in Order No.KaaAaBen-4/PGA/CR21/2018-19 passed by the 2nd respondent vide Annexure-D and to quash the endorsement dated

27.01.2023 issued by the 3rd respondent vide Annexure-E.

#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 : "1) In the above case, the Petitioner has challenged the order dated 18/06/2022 passed by the Labour Officer & Controlling Authority under the payment of Gratuity Act, Sub Division -4, (Respondent No. 2) vide Annexure -D; directing the petitioner to pay Rs. 2,90,271/- to the 1st respondent towards difference of gratuity with 10% interest from date of application; and the endorsement dated 27/01/2023 issued by the Assistant Labour Commissioner Division -4, Bengaluru (Respondent No. 3) vide Annexure-E. Further, as per the order of the controlling authority, the petitioner has deposited a sum of Rs. 2,90,271/- on 13/01/2023. 2) Now, during the pendency of the above petition, the Petitioner and the respondent No. 1 have amicably settled the dispute between them in the above case on the following terms and conditions 1) The Respondent No. 1 is ready and willing to receive Rs.25,986/- (Rupees twenty five thousand nine hundred and eighty Six only) from the petitioner in full and final settlement of his claim for difference of gratuity amount and interest. 4 ii) The petitioner is ready and willing to pay the above said amount agreed upon by the Respondent No. 1 ie., to pay Rs.25,986/- (Rupees Twenty Five Thousand nine hundred and Eighty Six Only) to the Respondent No. 1 in full and final settlement for his claim for difference of gratuity amount with interest."

#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the order dated 18.06.2022 vide Annexure-D passed in Order No.KaaAaBen-4/PGA/CR21/2018-19 passed by the 2nd respondent and the Endorsement dated 27.01.2023 issued by the 3rd respondent vide Annexure-E. Sd/- JUDGE Sd/- MEMBER 5 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 9721/2023 (LOK ADALATH NO. 3569/2024) FILED BEFORE LOKADALAT BETWEEN: THE PRINCIPAL & DIRECTOR (TRAINEE) KSRTC AND: SRI AHAMAD NAZ ... Petitioner JOINT MEMO ... Respondent 1) In the above case, the Petitioner has challenged the order dated 18/06/2022 passed by the Labour Officer & Controlling Authority under the payment of Gratuity Act, Sub – Division -4, (Respondent No. 2 ) vide Annexure –D; directing the petitioner to pay Rs. 2,90,271/- to the 1st respondent towards difference of gratuity with 10% interest from date of application; and the endorsement dated 27/01/2023 issued by the Assistant Labour Commissioner Division -4, Bengaluru ( Respondent No. 3) vide Annexure – E. Further, as per the order of the controlling authority , the petitioner has deposited a sum of Rs. 2,90,271/- on 13/01/2023. 2) Now, during the pendency of the above petition, the Petitioner and the respondent No. 1 have amicably settled the dispute between them in the above case on the following terms and conditions i) The Respondent No. 1 is ready and willing to receive Rs.25,986/- ( Rupees twenty five thousand nine hundred and eighty Six only ) from the petitioner in full and final settlement of his claim for difference of gratuity amount and interest. ii) The petitioner is ready and willing to pay the above said amount agreed upon by the Respondent No. 1 i.e., to pay Rs.25,986/- ( Rupees Twenty Five Thousand nine hundred and Eighty Six Only ) to the Respondent No. 1 in full and final settlement for his claim for difference of gratuity amount with interest. 6 iii) the petitioner corporation is entitled refund of Rs. 2,64,285/- . The authority is directed to refund the said amount to KSRTC. The parties to this appeal 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/- ADVOCATE FOR PETITIONER SIGNATURE PETITIONER Sd/- Sd/- Sd/- ADVOCATE FOR RESPONDENT NO.1 SIGNATURE RESPONDENT NO.1