KARNATAKA STATE ROAD TRANSPORT CORPORATION Vs. DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 30.11.2013 impugned at Annexure-G and the order dated 31.7.2014 impugned at Annexure-H to the petition.

(2.) By the said orders, the Controlling Authority as well as the Appellate Authority have held that the period of service rendered by the third respondent for the purpose of payment of gratuity is to be reckoned at 33 years 11 months and 23 days and in that light, having calculated the gratuity amount and on deducting the amount already paid by the petitioner-Corporation has directed the payment of balance amount with interest at 10% p.a. The petitioner-Corporation claiming to be aggrieved by the same is before this Court.

(3.) Insofar as the last drawn pay of the third respondent taken at Rs. 7440.00 for the purpose of calculation there is no dispute. The only question for consideration which arises in the instant petition is to take note of the actual period of service that had been rendered by the third respondent. While claiming a higher amount of gratuity, the third respondent had contended before the Controlling Authority that the appointment as Badli conductor for the first time was on 5.10.1976 and even though he had been removed on 28.3.1981 and was reinstated through the order dated 4.11.1987, he is entitled for reckoning the entire service from 5.10.1976 till he attained the age of superannuation on 20.10.2010. It is in that light, the third respondent had contended that he had rendered the service of 33 years 11 months 23 days.