✦ Karnataka High Court

SMT R BHAGYALAKSHMI v. THE MANAGING DIRECTOR

Case at a glance

Outcome

Disposed of

Accordingly, this Writ Petition is disposed of in terms of the Joint

Provisions considered

Key paragraphs

  • Para 22. 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 : 3 "The Petitioner filed the above WP claiming interest @ 10% p.a on…
  • Para 33. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo dated 14.12.2024. Sd/- JUDGE Sd/- MEMBER 4 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 15847/2024 (LOK ADALATH NO. 3551/2024) FILED BEFORE LOKADALAT BETWEEN R.Bhagyalakshmi…

Judgment

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV & SRI. MALLAIAH M.R., MEMBER W.P. No.15847/2024 (S-KSRTC) (Lok Adalat No.3551/2024) BETWEEN: 1 . SMT R BHAGYALAKSHMI W/O. SRI. N. SUBRAHMANYAM AGED ABOUT 60 YEARS, RETIRED PERSONAL ASSISTANT CIVIL ENGINEERING DEPARTMENT KSRTC CENTRAL OFFICE BENGALURU-560 027 NOW RESIDING AT NO.102, 19TH MAIN J.C. NAGAR, KURUBARAHALLI MAHALAKSHMIPURAM LAYOUT BENGALURU-560 086. (By Sri. H P GANGESH GOWDA, ADVOCATE) AND: 1 . THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, ...PETITIONER 2 TRANSPORT HOUSE, KH ROAD, BANGALORE-560 027. …RESPONDENT (By Smt. RENUKA H R, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR IN THE NATURE OF MANDAMUS DIRECTING THE DIRECTION RESPONDENT CORPORATION TO PAY INTEREST AMOUNT OF RS.1,13,193/- FROM THE DATE OF HER RETIREMENT AT 10% PER ANNUM AS PER THE PROVISIONS OF THE PAYMENT OF GRATUITY ACT, 1972 ALONG WITH INTEREST AT 12% PER ANNUM TILL THE DATE OF PAYMENT FROM 31.05.2023 I.E, AS PER ANNEXURE-D FOR THE DELIBERATE DELAY IN PAYMENT OF GRATUITY AMOUNT I.E, THE COPY OF THE CHEQUE AND THE PERIOD OF PAYMENT IS FROM 31.05.2023 TILL THE DATE OF PAYMENT ETC. THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for directions to the respondent-Corporation to pay interest amount of Rs.1,13,193/- along with interest at 12% per annum from the date of her representation till the date of payment vide Annexure-D.

#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 : 3 "The Petitioner filed the above WP claiming interest @ 10% p.a on the delay of payment of gratuity amount. Now, the parties have amicably agreed to settle the dispute on the following terms:

#1. The Petitioner has agreed to receive the interest @ the rate of 8% p.a. for the delayed payment of gratuity amount as full and final settlement.

#2. The Respondent - Corporation has agreed to pay interest @ the rate of 8% p.a. for the delayed payment of gratuity 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."

#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo dated 14.12.2024. Sd/- JUDGE Sd/- MEMBER 4 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 15847/2024 (LOK ADALATH NO. 3551/2024) FILED BEFORE LOKADALAT BETWEEN R.Bhagyalakshmi AND: KSRTC …Petitioner …Respondent JOINT MEMO The Petitioner filed the above WP claiming interest @ 10% p.a on the delay of payment of gratuity amount. Now, the parties have amicably agreed to settle the dispute on the following terms:

#1. The Petitioner has agreed to receive the interest @ the rate of 8% p.a. for the delayed payment of gratuity amount as full and final settlement.

#2. The Respondent – Corporation has agreed to pay interest @ the rate of 8% p.a. for the delayed payment of gratuity 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/- Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT/S Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT/S

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, this Writ Petition is disposed of in terms of the Joint

Which statutory provisions did this judgment involve?

Constitution of India — arts. 226, 227.

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