KARNATAKA STATE ROAD v. THE ASST LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY

SRI. MALLAIAH M.R., MEMBER W.P. No.14591/2021 (L-KSRTC) (Lok Adalat No.3555/2024) BETWEEN: 1 . KARNATAKA STATE ROAD TRANSPORT CORPORATION CHIKKABALLAPURA DIVISION CHIKKABALLAPURA BY ITS DIVISIONAL CONTROLLER REPRESENTED BY ITS CHIEF LAW OFFICER (By Sri. T HAREESH BHANDARY, ADVOCATE) AND: 1 . THE ASST LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT BANGALORE, REGION-2 KARMEEKA BHAWAN BANNERAGATTA ROAD BANGALORE-560 026. ... PETITIONER 2 2 . THE LABOR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT CHIKKABALLAPURA DIVISION CHIKKABALLAPURA-562 101. 3 . R KRISHNAPPA S/O. RAMAIAH, DRIVER B NO. 1173, ANGATTA KADUVATHI POST, NANDI HOBLI CHIKKABALLAPURA DISTRICT-562 101. …RESPONDENTS (By Sri. S.P. RAMESHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER QUASHING THE ORDERS PASSED BY THE SECOND RESPONDENT IN KAC/PGA/CR-39/2017 DATED 27-12-2017 (ANNEXURE-A) AND ORDER PASSED BY THE FIRST RESPONDENT IN SKB-2/AGPA/CR-36/2018-19 DATED 23-03-2020 (ANNEXURE- C). AND 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 quashing the order dated

27.12.2017 passed by the Assistant Labour Commissioner in KAC/PGA/ CR-39/2017 vide Annexure-A and order passed by the first respondent in SKB-2/APGA/CR-36/2018-19 dated 23.03.2020 vide 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-36/2018-19 Dated 23.03.2020 in the PGACR No. 39/2017 Dated 27.12.2017 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.88,200/- without interest awarded by Gratuity Authorities in full and final settlement. The Respondent is not entitled for Rs.24,012/-. 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 off modifying the order dated 27.12.2017 passed by the Assistant Labour Commissioner in KAC/PGA/CR-39/2017 vide Annexure-A and order passed by the first 4 respondent in SKB-2/APGA/CR-36/2018-19 dated 23.03.2020 vide Annexure-C. If TDS is deducted by the petitioner, necessary certificate of deduction to be given to the respondent no.3 to enable claim of refund, if permissible under law. Sd/- JUDGE Sd/- MEMBER 5 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 14591/2021 (LOK ADALATH NO. 3555/2024) FILED BEFORE LOKADALAT BETWEEN: KSRTC ... Petitioner AND: THE ASST LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY ... Respondent JOINT MEMO The WP filed against the Order in ALC to APGA- 36/2018-19 Dated 23.03.2020 in the PGACR No. 39/2017 Dated 27.12.2017 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.88,200/- without interest awarded by Gratuity Authorities in full and final settlement. The Respondent is not entitled for Rs.24,012/-. 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