High Court Karnataka High Court

Bangalore Metropolitan … vs The Deputy Labour Commissioner … on 18 November, 2009

Karnataka High Court
Bangalore Metropolitan … vs The Deputy Labour Commissioner … on 18 November, 2009
Author: P.D.Dinakaran(Cj) & V.G.Sabhahit
IN THE I~IIGI"I COURT OF KARNATAKA AT BANGALORE
DATED THIS THE .18" DAY OF NOVEMBER 

PRES ENT

THE HONBLE MR. P.D. DINAKARAN. C.IIISFIj;iUSTIOS  I  I

AND  ' _
THE HONBLE MR.JUSTIOéi'     
WRIT APPEAL /2I)'O.. U,/ST, distort THE"

KARNATM(A HTGH COURT ACT FRAYiNG._TO SET ASIDE
THE ORDER PASSED {N WRIT EETITION N'O.1~3876/2008
DATED 9.3.2009. " --    

THIS WRIT APPEAL ~7.I«;fo'R PRELIMINMRY
HEARING THIS .DAY;_;  J.;, DELIVERED THE

roirowiwog';  g .A     
" " NAT

  the Bangalore Metropolitan

'I'ransport--«Corooratioi1..."-~'i[BMTC] being aggrieved by the

 ;>_._:[:)aSSedA'V"1n»----------Writ Petition N0.13876/2008 dated

    the learned Single Judge has disposed

dofutihe petition deciining to interfere with the order

 passedi. by the 13* respondent dated 15.7.2008

eonfirming the order passed by the 2″”-1 respondent

H dated 22.11.2007 regarding the claim. of the workman

for gratuity.

\-?’°

2. The 3″‘ respondent herein ««M.K.Rangappa

was in the employment of the appellant –BMT{3’

retired from service on 31.8.2004.

application under Section 4 of th’e-Payrrieritj”of4_Gratuity ‘

Act, 1972 before the Controlling«VAiithority.,for,

of Gratuity, averring thatlthi:::§~~..§/iyfatnity

to him had not been zleterrninedi’inV”accordar1ce”iwith law.
Since there was an
application delay. The 2115
respondent’ and allowed the
applic!a’tion.l.filled’:by” bfééplondent herein by order
same was confirmed by the

Appdlatel’!’A1ii1′}Ot=.ity’._ Q13: respondent by order dated

Beingwiaggrieved by the same, BMTC

13878/2008 contending that the order

passed.by_the 151 respondent confirming the order of the

2″? rlespondent. regarding entitlement of balance of

-gr-a.tli;1ity amount of Rs.55,908/– to the 8″ respondent

.,._vs;as illegal and liable to be set aside.

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3. The iearned Single Judge, after hearing the

iearned Counsel appearing for the petitioner -appe11ant
herein. the iearned Government. Advocate appearing for

respondent Nos.I. and 2 and the 1earned..j”eoLi1i–sel

appearing for the 3″‘ respondent, by

9.3.2009, held that the Service..Regi4ster’Hdioes1no”t.’pVroV_eu it

as to how many days the workfnan has hworeked

such circumstances, in the.._Va’e._sencVe .__of any evidence to”

prove the same, the oniy inrferenCe”-~that eou1d5he drawn

is that the for 240 days

contij;inon’si_§f’.gviniiiad andvddentitied for gratuity. The
{earned $1-ngle heid that the fact that the

applicant ‘woriéedévas conductor from 4.12.1967 to

‘d it is notwinddispute and if there was any break

vhVt1~’ie.~saIr1e ought to have been proved by the

rnanagvement. The same has not been proved and

ewherefore the order passed by respondent Nos}. and 2

it j-“dstitied. However, the {earned Single Judge made

” ~-~~observations regarding the conduct of the 21″-1

respondent in disbursing the amount without waiting

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for the result of the appeal filed before the ls’-
respondent and accordingly disposed of the.___ writ
petition. Being aggrieved by the said order,

appeal is filed by the BMTC.

4. We have heard learned». =co–i1’I1sgel_

appearing for the appellanl:”‘*i.and. ‘VAGAVV

appearing for respondent N05. 1

5. ‘lT’nef.Vg»plearned -~eo’v.nse’lv..__ai;5pearing for the

appellant thtelllappellant had calculated
and =”3F<i respondent in a sum of

Rs.2«,27,952/:v– and h-ehxitas not entitled to Rs.2,83,860/-

agniali' 1%éep"endentVV"'Ntovs.l and 2 were not justified in

of gratuity amount of Rs.55,908/–

and the 'learned Single Judge ought to have allowed the

A." 4" — –. at Writ petition.

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6. The learned AGA argued in support of the

order passed by the learned Single Judge-.»pand

respondent Nos} and 2.

7. We have given careful eo’1islide’rati’onVVto

contention of the 1earned;c_ounse1_’for thve-“«l.p:a’rties’;

scrutinised the material on record,

8. The material on clearly show
that respondent put in 38

he was drawing basic
salaryvllof date of superannuation

ar1d_-BMTC” v_ifas..vl”ecl}”‘s-iilred to pay Rs.2,83,860/«, but it

f>a1’d”._onlylv”lRs;,2,27,952/w contending that the

” worked for one year 10 months 5

days a’s}d,in order to claim gratuity. the workman must

havellwoirked at least 240 days continuously during the

it 1967 and 1972 and that having not proved by

” workman, he is not entitled for payment. of gratuity.

It is clear from the scrutiny of the material on record

._\’j}

O%ER

Writ appeal is dismissed.

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Index: Yes/N0 ‘ _ A
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