DIVISIONAL CONTROLLER KARNATAKA STATE ROAD TRANSPORT CORPORATION, CHIEF LAW OFFICER, KSRTC Vs. MAHADEVAMMA W/O LATE SHIVARUDRAIAH AND ORS

JUDGEMENT

(1.) Husband of 1st Respondent - Late Shivarudraiah was a temporary conductor in the Petitioner Corporation w.e.f. 31.12.1973. His services was confirmed on 17.10.1978. Shivarudraiah died on 15.7.2004. The Petitioner paid terminal benefits to Respondent No. 1.

(2.) Finding that there is short payment of f 14,624.00 of the gratuity amount, the 1st Respondent filed. application before the 2st Respondent. The application was contested by the Petitioner herein by filing statement of objections dated 27.7.2007. There was a delay of about 2 years in the matter. An application seeking condonation was filed. Finding that there is merit in the claim made by the Applicant, who is entitled to the gratuity amount '14,624.00, the delay was condoned. Also taking into consideration the fact that representation had been submitted, the Applicant was held entitled the difference of gratuity amount of '14,624.00 and interest of '6,459.00. The appeal filed by the Petitioner against the said order did riot find success with the dismissal at the appeal by the 3rd Respondent on 16.6.2010, Aggrieved, the Corporation has filed this writ partition.

(3.) Sri. B.L Sanjeev, learned Counsel for the Petitioner dom not dispute the fact that the 1* Respondent is entitled to the difference of gratuity amount of '14,624.00 The 01% grievance put forth is that the delay has been unconditionally condoned by the 2nd Respondent. For the lapse on the part of the 1stRespondent, the Petitioner cannot be made to pay the interest of '6,459.00 i.e., for the delayed period,