JAYALAKSHMI, W/O. LATE PUTTASWAMY, AGED ABOUT 46 YEARS, R/AT. NO.99, SUBHASH NAGAR, END OF 80 FEET ROAD, KENGERI UPANAGAR, BANGALORE Vs. THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, DIVISION NO.1 KARMIKA BHAVAN, BANNERGHATA ROAD, BANGALORE

JUDGEMENT

(1.) The unfortunate widow of the Workman filed the present Writ Petition for a Writ of Certiorari, to quash the Order, dated 28.2.2012 made in DLC No.1/PGA/CR-53/2009-10 passed by the 1st Respondent vide Annexure 'G' and issue a Writ of Mandamus directing the 3rd Respondent to pay difference of Gratuity amount as quantified by the 2nd Respondent/Controlling Authority in Case No.ALCB-2/PGA/CR-77/2007-2008 dated 5.2.2009 vide Annexure-C in the Writ Petition.

(2.) It is the case of the Petitioner that her husband Late Puttaswamy who joined the services of the 3rd Respondent/Corporation in the year 1982, as a Driver and had worked continuously, sincerely and honestly to the satisfaction of the superiors. On certain charges of misconduct, the husband of the Petitioner came to be dismissed from the services in the year 1999. The said Dismissal Order was the subject matter of the dispute before the Labour Court in I.D. No.70/1999. The Labour Court after adjudication of the matter by its Award in the year 2004 has directed the 3rd Respondent to reinstate the Workman with all consequential benefits. However, he died on 25.8.2004.

(3.) It is the further case of the Petitioner that after the death of her husband, the Corporation did not pay any terminal benefits, more particularly, the Gratuity amount. Therefore, she was constrained to file an Application before 2nd Respondent/Controlling Authority seeking payment of Gratuity amount. The Petitioner has sought for payment of Gratuity amount totalling to Rs. 1,93,555 for the 35 years of service rendered by her husband and produced material documents in support of her claim. The 3rd Respondent filed Objections to the said Application and examined one N.M. Puttaraju, EST Supervisor and produced seven documents. After considering the documents available on record, the 2nd Respondent/Controlling Authority proceeded to pass an Order on 5.2.2009 directing the 3rd Respondent to pay difference amount of Rs. 80,636 along with Interest at 10% on the said amount.