Karnataka State Road Transport Corporation Bangalore Central Division Bangalore By Its Divisional Controller Represented By Its Chief Law Officer v. Deputy Labour Commissioner and The Appellate Authority Under The Payment Of Gratuity Act Regional Office Hassan
2018-09-28
L.NARAYANA SWAMY
body2018
DigiLaw.ai
ORDER : 1. In this writ petition, petitioner has prayed for a writ in the nature of certiorari to quash the order dated 31.03.2009 passed by the second respondent in PGA:SR104/04/05 Annexure-A and order dated 21.10.2009 passed by the first respondent in PGA:SR21/0910 as per Annexure-H. 2. The Divisional Controller, Chikmagalore filed an appeal on 29.05.2009 before the first respondent Deputy Labour Commissioner and Appellate Authority, challenging the order of the second respondent. The said appeal came to be dismissed on 21.10.2009 by confirming the order of the second respondent, against which this petition is filed. 3. The third respondent was the retired employee of the petitioner Corporation. He filed an application before the second respondent stating that he joined the services of the petitioner Corporation in the year 1968 and retired on 31.01.2002 and has served the Corporation for a period of 34 years and he has to get the additional gratuity amount from the petitioner Corporation by adding the DA component to the basic. 4. The second respondent after going through the documents, records and evidence of the applicant, allowed the application of the third respondent and ordered to the petitioner Corporation to pay the difference of gratuity amount. 5. This Court by an order dated 13.07.2018 granted time to furnish the process fee etc., to serve notice to respondent No.3. Today the matter has come up in the order list for consideration whether time to be granted to take steps in respect of respondent No.3 or not. 6. I have carefully gone through the records placed on record. 7. This case is of 10 years old, before this Court itself it is almost 8 years now. The Competent Authority has passed an order in the year 31.01.2009. Respondent No.3 is the retired Traffic Controller and when a person retires from service, it is his right to get his retirement benefit and the delay in granting the monetary benefit is arbitrary and violation of fundamental right. 8. Under these circumstances, petition against respondent No.3 is to be dismissed. Further it is not a case to be gone into. Petitioner is hereby directed to satisfy the order passed by the 2nd respondent within 3 months from the date of receipt of copy of this order. Accordingly writ petition is dismissed.