Partly allowed

The Divisional Controller Ksrtc v. Sri.Syed Hussain

Karnataka HC1 Dec 2023WP/8122/2022

Case brief

AI extract

What is this about?

The High Court allowed the writ petition in part. The court modified the gratuity calculation, directing the Controlling Authority to pay a balance of Rs. 44,419. It held the original orders unsustainable and quashed them, directing payment after due identification.

What did the court decide?

The writ of certiorari is ordered; Gratuity Authorities orders are set aside; Controlling Authority directed to calculate and pay balance amount of Rs. 44,419.

The Divisional Controller Ksrtc Vs… — Pension and Retirement Benefits | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:43306 WP No. 8122 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 1^ST DAY OF DECEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.8122 OF 2022 (L-KSRTC)

¶6

BETWEEN:

¶7

THE DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD, TRANSPORT CORPORATION (KSRTC)., RAMANAGARA DIVISION, RAMANAGARA, HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGARA, BENGALURU - 560 027.

¶8

…PETITIONER

¶9

(BY SMT.H.R.RENUKA, ADVOCATE FOR SRI.B.L.SANJEEV., ADVOCATE)

¶10

AND:

¶11

Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

¶12

SRI. SYED HUSSAIN S/O SYED ABDUL RASHEED, AGED ABOUT 69 YEARS, R/O NO.31, SRI RAMAMANDIRA ROAD, BEHIND UNITED RESIDENCY, BASAVANAGUDI, BENGALURU - 560 004.

¶13

THE LABOUR OFFICER AND CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, RAMANAGARA SUB-DIVISION, PANCHAYAT BHAVAN, II FLOOR, B.M.ROAD, RAMANAGARA - 562 101.

¶14

¶15

NC: 2023:KHC:43306 WP No. 8122 of 2022

¶16

THE ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, BENGALURU DIVISION-1, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU - 560 029.

¶17

…RESPONDENTS

¶18

(BY SRI. L.SHEKAR., ADVOCATE FOR R1; SMT.V.SPOORTHI, HCGP FOR R2 & R3)

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

¶20

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

¶21

ORDER

¶22

Smt.H.R.Renuka., learned counsel on behalf of Sri.B.L.Sanjeev., for the petitioner, Sri.L.Shekar., learned counsel for respondent No.1 and Smt.V.Spoorthi., learned HCGP for respondents 2 & 3 have appeared in person.

¶23

The orders of the Gratuity Authorities are called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition.

¶24

Learned counsel for the petitioner and the respondents have urged several contentions. Heard, the

¶25

3 - NC: 2023:KHC:43306 WP No. 8122 of 2022

¶26

contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.

¶27

Learned counsel Smt.H.R.Renuka., appearing on behalf of the Corporation in presenting her arguments submits that the orders of the Gratuity Authorities are unsustainable in law, since the Controlling Authority has failed to take into account the break-in service.

¶28

Learned counsel Sri.L.Shekar., appearing on behalf of the first respondent consents to calculate the gratuity as per the Act and also consents for waiver of interest.

¶29

The oral submission made by learned counsel for the first respondent is placed on record. The calculation of gratuity as per the Act is as under:

¶30

Basic Pay + D.A X 15 X No.of years of service/26
10,890 + 8,358 X 15 X 32/26	=Rs.3,55,348/-

¶31

The first respondent is entitled for a gratuity of Rs.3,55,348/- (Rupees Three Lakh Fifty Five Thousand Three Hundred and Forty Eight only) as per the Payment of Gratuity Act.

¶32

4 - NC: 2023:KHC:43306 WP No. 8122 of 2022

¶33

It is not in dispute that the Corporation has already paid a sum of Rs.3,10,929/- (Rupees Three Lakh Ten Thousand Nine Hundred and Twenty Nine only). Hence, the said amount has to be deducted from Rs.3,55,348/- (Rupees Three Lakh Fifty Five Thousand Three Hundred and Forty Eight only) i.e.,

¶34

Gratuity entitled	Rs.3,55,348/-
- (Less) Already paid at the	- Rs.3,10,929/-
time of retirement.
Balance	=Rs.44,419/-

¶35

The order of the Controlling Authority is modified holding that the first respondent is entitled for a sum of Rs.44,419/(Rupees Forty Four Thousand Four Hundred and Nineteen only).

¶36

In view of the modification of the order of Controlling Authority, the orders of the Gratuity Authorities are liable to be set-aside. Accordingly, they are set-aside.

¶37

The Writ of Certiorari is ordered. The order dated:30.01.2010 passed by the Controlling Authority in ¥ÀæPÀgÀt ¸ÀASÉå: PÁCgÁ/G¥ÁPÁ/¹Dgï-31/2016-17 vide Annexure-A and the

¶38

order dated:18.02.2021 passed by the Appellate Authority in

¶39

5 - NC: 2023:KHC:43306 WP No. 8122 of 2022

¶40

¸ÀASÉå: ¸ÀPÁD¨ÉA-1/¦fJ(J)/¹Dgï-05/2020-21 vide Annexure-B are quashed.

¶41

Resultantly, the Writ Petition is allowed in part .

¶42

In view of disposal of the Writ Petition, the Controlling Authority is directed to calculate the amount in terms of this order and pay the same to the first respondent after due identification. The balance amount if any shall be refunded to the Corporation.

¶43

Sd/JUDGE

¶44

MRP/TKN List No.: 1 Sl No.: 18

The Divisional Controller Ksrtc v. Sri.Syed Hussain

Case brief

What is this about?

What did the court decide?

The Divisional Controller Ksrtc v. Sri.Syed Hussain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Karnataka State Road Vs Naveenkumar M R

Executive Engineer Vs D Basavaraj

M.P.Mahesha Vs the Divisional Controller

The Range Forest Vs Sri T Hanumantappa

Dayananda Murthy K N Vs Sri Padmavathi Marketing

Smt Shylaja S C Vs the Union of India