Cross writ petitions over a workman's claim for arrears, gratuity and benefits from KSRTC. The Corporation had already paid the determined amount with interest; recovery certificates issued by the Deputy Labour Commissioner were quashed and the workman's petition seeking enhanced payment was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER 2024
BEFORE
THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.5363/2019 (L-KSRTC) C/W. WRIT PETITION NO.1687/2016 (L-KSRTC)
IN W.P. NO.5363/2019 BETWEEN:
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
MANGALORE DIVISION, MANGALORE SOUTH CANARA BY ITS SENIOR DIVISIONAL CONTROLLER, REPRESENTED BY ITS CHIEF LAW OFFICER.
... PETITIONERS
(BY SMT. H.R. RENUKA, ADVOCATE)
AND:
... RESPONDENTS
(BY SRI K. MANJUNATH, HCGP FOR R-1 & R-2; SRI M. RAMAIAH, R-3/PARTY-IN-PERSON)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 07.12.2018 PASSED BY THE R-1 VIDE ANNEXURE-F; QUASH THE OFFICIAL MEMORANDUM DATED 27.12.2018 PASSED BY THE R-2 VIDE ANNEXURE-G.
IN W.P. NO.1687/2016 BETWEEN:
M. RAMAIAH S/O. LATE MADAIAH, AGED 64 YEARS , NO.452, NEW EXTENSION, N.R. MOHALLA, MYSORE–570007.
... PETITIONER
(BY SRI M. RAMAIAH, PETITIONER/PARTY-IN-PERSON)
AND:
... RESPONDENTS
(BY SMT. H.R. RENUKA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OFFER OF APPLICATION NO.21/2009 DATED 21.06.2014 ANNEXURE-A; SET ASIDE THE ORDER DATED 03.05.2009 10% RATE OF INTEREST BEARING APPLICATION NO.21/2009 ISSUED BY THE LABOUR COURT MYSORE VIDE ANNEXURE-A.
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 19/09/2024, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
CAV O R D E R
W.P.No.5363/2019 is preferred by the KSRTC (hereinafter referred to as “the Corporation” for short) seeking to quash the recovery certificate dated 07.12.2018 issued by respondent No.1 –Deputy Labour Commissioner under Section 33(c)(1) of Industrial Disputes Act, 1947 (“the ID Act” for short) and directing for recovery from the Corporation sum of Rs.42,781/- with interest at the rate of 10% from 03.05.2009 in terms of the order passed in case No.18/2008 dated 11.01.2008 by the Assistant Labour Commissioner and also seeking to challenge the official memorandum dated 27.12.2018 issued by the 2nd respondent - Additional Deputy Commissioner directing the Special Tahsildar, Bangalore North Taluk to recover a sum of Rs.42,781/- as arrears of land revenue from the Corporation in terms of the order passed in Application No.21/2009 on the file of the Labour Court at Mysore.
– Ramaiah – party-in-person seeking to set aside the order dated 16.10.2015 in Application No.21/2009 passed by the Labour Court, Mysore, (hereinafter referred to as “the Labour Court” for the sake of convenience) and directing the Corporation to pay a sum of Rs.7,85,000/- with interest at the rate of 18% per annum.
(a) 1980 and 2009 arrears of salary from 8.4.2009 till retirement @ 15000 per month retirement benefits Rs.4,65,000/(b) Consequential benefits of salary, bonus EL, CMTD, CL Medical agreement Rs.2,35,000/(c) Monthly benefits, substantial benefits Rs.0,85,000/(d) Interest at 18% from 1980 to 2009 --------------------------------------------------------------Total Rs.7,85,000/-
on adjudication of the claim made by the workman, partly allowed the application and passed the following order:
“Application filed by the applicant u/s.33(c)(2) of the ID Act is partly allowed:
Applicant is entitled to receive Rs.42781 with simple interest at the rate of 10% pa from 3.5.2009 till payment, if not paid.
He is not entitled to any other claims mentioned in the application.”
(emphasis supplied)
before the Assistant Labour Commissioner (Controlling Authority) in Case No.18/2008 claiming gratuity for a period of 26 years, the Controlling Authority on consideration passed an order on 08.04.2009 and determined the gratuity for the period from 29.05.1982 to 02.04.2009 after deducting all the payments made to the workman and directed payment of Rs.42,781/- with interest at the rate of
10% per annum i.e., Rs.2,907/- in all a sum of Rs.45,668/-.
The amount of Rs.45,668/- as determined by the Assistant Commissioner was deposited by the Corporation before the Assistant Labour Commissioner on 07.08.2010, the workman received the cheque on 07.08.2010 with an acknowledgement which is appended to the writ petition No.5363/2019 at Annexure – C.
Krishnamurthy and to pay all the monetary benefits arising out of the same legally, the workman raised another dispute which was referred for adjudication in Ref.No.83/1998 which came to be allowed in part holding that the workman is entitled on par with his juniors H.Lingaiah and L.Krishnamurthy in the matter of seniority promotion regularization and other monetary benefits to be extended to him by the management, the Corporation implemented the award of the Labour Court as per Ref.Nos.46/1997 and 83/1998 and held that the workman is entitled for probation from 29.05.1982 and calculated the arrears as under:
Arrears is worked out as under: (Annexure R3)
“A” Arrears from 29.5.1982 to 23.3.1991 - Rs 87,562 Less the wages paid as a Badli employee- Rs 70,354 Balance amount - Rs 10,916
Paid Vide cheque dated 16.8.2008 (Annexure R4)
“B” Arrears from 23.3.1991 to 8.1.2005 - Rs 1,62,968 Less the salary paid - Rs 17,409 Balance amount - Rs 1,45,559 Paid vide cheque dated 29.7.2008-(Annexure R5)
“C”
Gratuity Amount calculation:
Date of Entry : 29.5.1982
Date of Retirement: 2.4.2009
26 years 10 months 3 days Determined by controlling authority vide order dated 11.1.2010 As per Annexure R7 - page 42 of objections Rs 9440 x 26 years 10 months = Rs 2,53,307 (Gratuity)
Less paid Rs 2,10,526 Balance Rs 42,781
Rs 42781 was directed tobe paid with interest at 10% pa from 11.1.2010 for 8 months.
“D”
Leave encashment at time of retirement :
Total El available at the time of retirement 240 days
Rs.98879 paid vide cheque dated 8.9.2009 (Annexure R6) To sum up A+B+C+D Arrears of Rs. 10,916 Arrears of Salary Rs. 1,45,559 Gratuity Rs. 2,34,417 Leave Encashment Rs. 98,879 Total Rs. 4,89,771
16.08.2008 which finds place at Annexure – R4 of the objections filed to the Writ Petition No.1687/2016, balance amount as indicated in “B” is paid by cheque dated 29.07.2008 as per “Annexure – R5”, the calculation of gratuity amount as determined by the Assistant Labour Commissioner in Case No.18/2008 of which the recovery certificate has been issued determined at Rs.42,781/- is paid with interest totalling to Rs.45,668/- (Rs.42,781 + 10% interest amounting to Rs.2,907/-) as per “Annexure – D” appended to W.P.No.5363/2019. The order directing recovery certificate issued by the Deputy Labour Commissioner-respondent No.1 is without considering that the payment has been made by the Corporation in compliance of the order of the Assistant Commissioner dated 11.01.2010 in Case No.18/2008 and the workman has received the said amount on 07.08.2010 as per “Annexure - C”, the findings of respondent No.1 that, the amount of Rs.42,781/- is different from the order passed by the Assistant Commissioner is totally erroneous and without
considering that the order of the Assistant Commissioner has been referred to by the Labour Court in its order dated 16.10.2015 in Application No.21/2019. The order directing recovery by respondent No.1-Deputy Labour Commissioner is liable to be set aside and the claim of the workman has been paid as stated supra . The application filed by the workman under Section 33(c)(2) was partly allowed and held that the applicant is only entitled to receive Rs.42,781/- with simple interest at the rate of 10% p.a. from 03.05.2009 till payment, if not paid. The Corporation has paid the amount as determined to the extent of Rs.42,781/- with interest at the rate of 10% on 07.08.2010 itself and the order of the Labour Court has already been complied. There is no merit in the petition filed by the workman in W.P.No.1687/2016 and this Court pass the following:
ORDER
passed by respondent No.1-Deputy Labour Commissioner, and order dated 27.12.2018 passed by respondent No.2-Additional Deputy Commissioner are hereby quashed.
(ii) Writ Petition No.1687/2016 filed by workman is hereby dismissed .
Sd/-
_____________________ (JUSTICE K.S. HEMALEKHA)
S*
2 issues framed by the court
Whether recovery proceedings could issue against KSRTC when it had already paid the Rs.42,781 gratuity balance with interest as ordered by the Assistant Labour Commissioner.
Whether the workman was entitled to further monetary benefits beyond Rs.42,781 with 10% simple interest under Section 33(c)(2).
3 provisions across 2 enactments
Karnataka State Road Transport Corporation
The Deputy Labour Commissioner Region-2, Bangalore
The Additional Deputy Commissioner, Bangalore District
M. Ramaiah
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
