(1.) Karnataka State Road Transport Corporation aggrieved by the order dated 8.3.2012, Annexures-"C" of the Appellate Authority determining Rs.2,12,381.00 as gratuity, has presented this writ petition.
(2.) Learned counsel for the petitioner advances the following contentions:-
(3.) Per contra, the learned counsel for the contesting respondent-workman submits:- (i)That records relating to discharge of duties while on the Badali list in the custody of the petitioner-Corporation, which when not placed before the Controlling Authority, the period of active service eligible for determining gratuity was reckoned from 16.12.1978 to 31.3.2005. Learned counsel submits that the endorsement Annexure-R3 issued by the petitioner-Corporation is inapplicable for determining continuous service under Section 2A of the Payment of Gratuity Act, 1972; (ii)it is submitted that adverse interference is to be drawn that the workman did discharge duties while on the Badli rolls, w.e.f. 4.2.1976, in the absence of petitioner- Corporation placing on record Part-VI of the Service Register for reckoning continuous service; (iii)in the absence of relevant material to establish that as on 1.1.2000 the pay of the respondent when fixed, after merger of the D.A., was Rs.4,465/- is also not indicating what was the percentage of D.A. allegedly merged and what was the pay scale attached to the post as on 1.1.2000, the appellate authority justifiably reckoned Rs.5,620/- as the last drawn wages and added D.A. of Rs.3,990/-;(iv) Learned counsel submits that the adding of the D.A. to the last drawn pay is in accordance with law.