BANGALORE METRO POLITAN TRANSPORT CORPORATION CENTRAL OFFICE, K.H. ROAD, BANGALORE, BY ITS CHIEF TRAFFIC MANAGER REPRESENTED BY ITS CHIEF LAW OFFICER Vs. THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY

JUDGEMENT

(1.) The Public Road Transport; Corporation aggrieved by the order dated 15.6.2010, Annexure-F, of the Controlling Authority under the Payment of Gratuity Act, 1972, for short Act, filed an appeal, which when dismissed by order dated 11.5.2011, Annexure-H, of the Appellate Authority, has presented this petition.

(2.) Learned Counsel for the petitioner submits that the respondent workman when taken on badli rolls as a conductor, from 26.9.1979 to 1.8.1980, was brought on probation' and retired as a Traffic Controller on 31.1.2008 and submitted a representation dated Nil Annexure-C, stating that the periods (i) spent on badli (ii) break in service; be excluded for computation of gratuity, in accordance with law. According to the Learned Counsel Rs. 2,79,500/- paid as gratuity was computed by excluding 1 year, 5 months and 14 days, as break in service and the period from 26.9.1979 to 1.6.1980 while on the badli rolls. Learned Counsel hastens to add that the Authorities under the Payment of Gratuity Act, though recorded a finding that Rs. 2,79,500/- was paid as gratuity to the respondent workman, wrongly effected a deduction of Rs. 2,61,560/- from out of Rs. 3,04.583/- re-determined as gratuity, in addition to the failure of the Authorities to consider in the consent extended by the respondent in the letter Annexure-C.

(3.) Per contra, Sri M.C.Basavaraju, Learned Counsel for the respondent seeks to sustain the orders of the Authorities as being well merited, fully justified and not calling for interference.