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Karnataka State Road Transport Corporation v. the Deputy Labour Commissioner

Karnataka HC8 Jul 2026WP/45960/2015

Case brief

AI extract

What is this about?

KSRC/KSRTC gratuity; Payment of Gratuity Act; Controlling Authority; Appellate Authority; Deputy Labour Commissioner; Assistant Labour Commissioner; Karnataka High Court Bengaluru; Writ Petition 45960 of 2015 (L-KSRTC); Articles 226 and 227; Justice Jyoti M; sweeper retired 31.03.2004; gratuity shortfall; Ex.R5; Annexure-A; Rs.10,637; Rs.1,86,602; Rs.1,99,056; Rs.1,97,239; Rs.1,817; interest 10%; orders modified; disposed of; NC: 2026:KHC:34310.

What did the court decide?

Writ petition disposed of; orders of the Gratuity Authorities modified holding that the workman is entitled to Rs.1817/- with interest at the rate of 10% from the date of application till the date of deposit; interim order, if any, stands discharged and pending interlocutory applications, if any, stand disposed of. ¶35

Karnataka State Road Transport Corporation Vs the… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Controlling Authority erred in computing the workman's gratuity entitlement without taking into consideration the payment of Rs.10,637/- made by the Corporation.

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Court's answer

A perusal of Annexure-A (Ex.R5) reflects that the sum of Rs.10,637/- was received by the workman.

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Ratio / Principle

The Controlling Authority erred in not taking into consideration the sum of Rs.10,637/- while passing its order.

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Key takeaways

The orders of the Gratuity Authorities are modified, holding that the workman is entitled to a sum of Rs.1817/- with interest at the rate of 10% from the date of application till the date of deposit.ratio¶31

Detailed headnote1 paragraphs

High Court of Karnataka (Jyoti M, J.), disposing of W.P. No. 45960 of 2015 (L-KSRTC) filed under Articles 226 and 227 of the Constitution by KSRTC, Bengaluru Central Division, against the Deputy Labour Commissioner (Appellate Authority) and Assistant Labour Commissioner (Controlling Authority) under the Payment of Gratuity Act, and B. Saroja. The workman, appointed as a sweeper and retired on 31.03.2004, was entitled to gratuity of Rs.1,99,056/-; the Corporation paid Rs.1,86,602/- plus Rs.10,637/- (total Rs.1,97,239/-). The Controlling Authority computed the entitlement considering only Rs.1,86,602/- and ignoring the Rs.10,637/- payment. Relying on Ex.R5, filed as Annexure-A, which reflected receipt of Rs.10,637/- by the workman, the Court held the Controlling Authority erred, modified the orders of the Gratuity Authorities, and held the workman entitled to Rs.1,817/- with interest at 10% from the date of application till the date of deposit. Respondent No.3 was unrepresented on successive dates, including 24.06.2026; interim orders, if any, stood discharged and pending interlocutory applications stood disposed of.

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NC: 2026:KHC:34310 WP No. 45960 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 45960 OF 2015 (L-KSRTC)

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION, BENGALURU CENTRAL DIVISION, BENGALURU, BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY BY ITS CHIEF LAW OFFICER.

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…PETITIONER

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(BY SMT. RENUKA H.R., ADVOCATE)

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AND:

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, REGION 1, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU-560029.

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THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, DIVISION 4, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU-560029.

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B.SAROJA, D/O. LATE MUNICHENNA ADULT, R/O NO.5, KRISHNAPPA GARDEN,

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NC: 2026:KHC:34310 WP No. 45960 of 2015

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HC-KAR

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N.R.PET, VIVEKNAGAR POST, BENGALURU 560047.

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…RESPONDENTS

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(BY SRI. K.P.YOGANNA, AGA FOR R1 & R2; SRI. LAKSHMAN RAO, ADVOCATE FOR R3 - ABSENT)

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

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Smt.H.R.Renuka., counsel for the petitioner and Sri.K.P.Yoganna, Additional Government Advocate for respondent Nos.1 and 2 appeared in person.

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There is no representation on behalf of respondent No.3, either personally or through video conferencing. The petition was listed on 24.06.2026, on that day also there was no representation on behalf of respondent No.3. It was also made clear that if none appears for respondent No.3 on the next date of hearing, the Court will proceed to pass orders on the merits of the case. Hence, this Court deems it appropriate to pass orders on the merits of the case.

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NC: 2026:KHC:34310 WP No. 45960 of 2015

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HC-KAR

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The workman was appointed as a sweeper in the establishment of the Corporation. He was retired from service on 31.03.2004. The Corporation paid the gratuity. The workman was entitled to a sum of Rs.1,99,056/- and the Corporation paid a sum of Rs.1,86,602/- and another sum of Rs.10,637/- was also paid, totally a sum of Rs.1,97,239/- was paid. The Controlling Authority considered payment of gratuity to the workman as a sum of Rs.1,86,602/- without considering the payment of Rs.10,637/-. To substantiate the contention that the Corporation paid the amount of Rs.10,637/- the Corporation furnished Ex.R5 before the Controlling Authority and the same has been furnished as Annexure-A in the writ petition.

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A perusal of Annexure-A reflects that a sum of Rs.10,637/- has been received by the workman. Hence, the Controlling Authority erred in not taking into consideration of the sum of Rs.10,637/- while passing the order. Hence, the orders of the Gratuity Authorities are modified holding that the workman is entitled to a sum of Rs.1817/- with interest at the rate of 10% from the date of application till the date of deposit.

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NC: 2026:KHC:34310 WP No. 45960 of 2015

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HC-KAR

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