KARNATAKA STATE ROAD v. THE ASSISTANT LABOUR COMMISSIONER

SRI. MALLAIAH M.R., MEMBER W.P. No.11728/2019 (L-KSRTC) (Lok Adalat No.3290/2024) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, KOLAR DIVISION, KOLAR, BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS, CHIEF LAW OFFICER (BY SMT. RENUKA H.R., ADVOCATE) AND: ...PETITIONER

#1. THE ASSISTANT LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT DIVISION-1, KARMEEKA BHAVAN, BANNERGHATTA ROAD, BANGALORE-560029 2

#2. THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT DIVISION-3, KARMEEKA BHAVAN, BANNERGHATTA ROAD, BANGALORE-560029.

#3. M B FIROZ PASHA S/O BAHADUR SAAB SINCE DECEASED BY LRs 3(1) GULABJAN, W/O LATE M.B.FIROZ PASHA, AGED 66YEARS, 3(2) GHOUSIA BEGUM, D/O LATE M.B.FIROZ PASHA, AGED 40 YEARS, 3(3) GULNAZ, D/O LATE M.B.FIROZ PASHA, AGED ABOUT 38 YEARS, 3(4) ZUBEER PASHA S/O LATE M.B.FIROZ PASHA, AGED 34 YEARS, 3(5) USMAN PASHA S/O LATE M.B. FIROZ PASHA, AGED ABOUT 34 YEARS, ALL R/O 254, 4TH CROSS, SHAIDARGA MOHALLA, KOLAR TOWN, KOLAR DISTRICT-563101. (BY SRI. L. SHEKAR, ADVOCATE) …RESPONDENTS 3 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED IN NO. ALCB-3/PGA/CR/12/2014-15 DATED 30.04.2015 (ANNEXURE-B) PASSED BY THE 2ND RESPONDENT AND QUASH THE ORDER PASSED IN NO. ALCB-1/PGA/CR/17/2017-18 1ST DATED RESPONDENT. (ANNEXURE-C) PASSED BY THE

07.08.2018 THIS WRIT PETITION COMING ON FOR CONCILIATION FOLLOWING LOK ADALAT, THE BEFORE NATIONAL CONCILIATION ORDER IS PASSED: CONCILIATION ORDER In this petition, the petitioner has prayed for quashing the order passed in No.ALCB-3/PGA/CR/12/2014-15 dated 30.04.2015 passed by the 2nd respondent and to quash the order passed in No.ALCB-1/PGA/CR/17/ 2017-18 dated 07.08.2018 passed by the 2nd respondent vide Annexure-C.

#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-2/APGA/CR-17/2017-18 dated 7.8.2018& PGA/CR-12/2014-15 dated 30.4.2015 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.1,56,083/- without interest awarded by Gratuity Authorities. 4

#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 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 modifying the order passed in No.ALCB-1/PGA/CR/17/2017-18 dated

07.08.2018 passed by the 2nd respondent at Annexure-C. Sd/- JUDGE Sd/- MEMBER 5 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT WP. NO. 11728/2019 (LOK ADALATH NO. 3290/2024) FILED BEFORE LOKADALAT BETWEEN KSRTC AND: THE ASSISTANT LABOUT COMMISSIONER AND THE APPELLATE AUTHORITY JOINT MEMO …Petitioner …Respondent The WP filed against the order in ALC-2/APGA/CR-17/2017-18 dated

7.8.2018& PGA/CR-12/2014-15 dated 30.4.2015 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.1,56,083/- 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. 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