K. S. Naganna v. Karnataka Agro Industries Corporation Limited, Bangalore
2008-06-25
AJIT J.GUNJAL
body2008
DigiLaw.ai
JUDGMENT : The petitioners were working in the 1st respondent-Corporation, which formulated a scheme. The petitioner applied for voluntary retirement and the same was accepted. The grievance of the petitioners is that they have not cleared the pensionary benefits within the stipulated time as per the scheme. Hence, they had filed a writ petition before this Court. This Court disposed of the writ petition directing the respondents to settle the claim in accordance with law within six months from the date of the said order. However, a writ appeal was preferred wherein the question of gratuity arose and a Division Bench of this Court directed that if the authorities have not paid the gratuity, it is open for them to approach the authority under the Payment of Gratuity Act, 1972 and it is not for this Court to compute the amount due to them. Thereafter certain calculations have been given and certain amount has also been received by the petitioners. But however, a legal notice is issued on 17-4-2006, a copy of which is produced at Annexure-K, calling upon the respondents to settle the dues. The statement showing the details of claims made under the Voluntary Retirement Scheme is at Annexure-K1. The petitioners have made available Annexure-S, wherein identically placed employees have been paid the interest on the belated payment. Hence, this writ petition. 2. Notice was issued and respondents have entered appearance and have filed statement of objections. Along with the statement of objections, the respondents have made available the calculation of interest, which is payable to the 1st and the 2nd petitioners, as per Annexures-R1 and R2. Hence, according to the respondents, the entire amount, which is due has already been paid. 3. The petitioners have filed a rejoinder to the statement of objections giving a set of fresh calculation stating that the amount payable by the respondent to the 1st petitioner is Rs. 62,288/- and to the 2nd petitioner is Rs. 1,83,274/- after deducting the amount paid. In fact the respondents have also made available the records which are available with them to show that the claim of the petitioners is different from that of the rejoinder filed. 4. Indeed it is not for this Court to venture into the Arithmetic calculation regarding the claim of the petitioners.
1,83,274/- after deducting the amount paid. In fact the respondents have also made available the records which are available with them to show that the claim of the petitioners is different from that of the rejoinder filed. 4. Indeed it is not for this Court to venture into the Arithmetic calculation regarding the claim of the petitioners. The respondents are required to reconcile that statement of accounts with the papers, which are available with them and also the claim made by the petitioners. Having regard to these facts, the following order is passed: (a) The respondents are directed to reconsider the claim of the petitioners having regard to the calculations given in the rejoinder. (b) The respondents shall also take into consideration the records, which are available with them and also the claim made by the petitioners at the inception with regard to the records available with them. Compliance in six months from the date of receipt of this order. Petition stands disposed of accordingly. 5. Mr. S.Z.A. Khureshi, learned Additional Government Advocate appearing for respondents 2 and 3 is permitted to file memo of appearance within four weeks.