KARNATAKA STATE ROAD v. THE DEPUTY LABOR

SRI. MALLAIAH M.R., MEMBER W.P. No.24124/2021 (L-KSRTC) (Lok Adalat No.3556/2024) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION KOLAR DIVISION KOLAR BY ITS DIVISIONAL CONTROLLER REPRESENTED BY ITS CHIEF LAW OFFICER. (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1 . THE DEPUTY LABOR COMMISSIONER AND THE APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT BANGALORE, REGION-3 KARMEEKA BHAWAN BANNERAGATTA ROAD BANGALORE-560 026. ...PETITIONER 2 2 . THE ASSISTANT LABOR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT KOLAR DIVISION KOLAR - 563 101. 3 . V SRINIVASAN S/O VENKATAPPA PATTAPALLI GRAMA, VARANDAHALLI POST ROBERTSON PETE, K G F KOLAR DISTRICT - 563 101. …RESPONDENTS (BY SRI. AGA ACCEPT NOTICE FOR R1 & R2 SRI. SHANKARAPPA FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 PRAYING TO QUASHING THE ORDERS PASSED BY THE SECOND RESPONDENT IN PGA/CR-15/2016-17 DATED 4-07-2019 (ANNEXURE-A) AND ORDER PASSED BY THE FIRST RESPONDENT IN PGA/CR-25/2019 DATED 12-8-2020(ANNEXURE-C). 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 sought for quashing the order passed by the second respondent in PGA/CR-15/2016-17 dated 04.07.2019 vide Annexure-A and the order passed by the first respondent in PGA/CR-25/2019 dated 12.08.2020 at Annexure-C. 3

#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 to APGA-25/2019 Dated 12.08.2020 in the PGACR No.15/2016-17 Dated 04.07.2019 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 Gratuity to the Respondent for Five years of break in service period. The respondent not entitled for remaining years of break In service period. He is also not entitled for interest awarded by Gratuity Authorities on the difference of gratuity amount. The interest accrued with the gratuity Authorities may be paid to the workman. 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 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."

#3. Accordingly, this Writ Petition is disposed of in terms of the Joint Memo modifying the order passed by the second respondent in PGA/CR- 4 15/2016-17 dated 04.07.2019 vide Annexure-A and the order passed by the first respondent in PGA/CR-25/2019 dated 12.08.2020 at Annexure-C. Sd/- JUDGE Sd/- MEMBER 5 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 24124/2021 (LOK ADALATH NO. 3556/2024) BETWEEN: KSRTC AND: THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY ... Petitioner ... Respondent JOINT MEMO The WP filed against the Order in ALC to APGA- 25/2019 Dated 12.08.2020 in the PGACR No.15/2016-17 Dated 04.07.2019 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 Gratuity to the Respondent for Five years of break in service period. The respondent not entitled for remaining years of break In service period. He is also not entitled for interest awarded by Gratuity Authorities on the difference of gratuity amount. The interest accrued with the gratuity Authorities may be paid to the workman. 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 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/- Sd/- SIGNATURE OF PETITIONER SIGNATURE OF RESPONDENT Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT