BANGALORE METROPOLITAN TRANSPORT CORPORATION Vs. DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the orders dated 01.01.2009 and 10.06.2010 passed by the Controlling Authority and the Appellate Authority under the Payment of Gratuity Act.

(2.) The Controlling Authority while granting the difference of gratuity amount has taken into consideration the continuity of service and also the total amount that was payable by disallowing the deduction that had been made by the petitioners where under the amount payable by respondent No. 3 employee towards the loan secured from the cooperative societies was deducted and paid to clear the liability of respondent No. 3. In that view, the Controlling Authority has directed payment of Rs. 1,17,586/- with interest thereon at 10% p.a. from 30.05.2004 till the date of payment.

(3.) Having heard the learned counsel for the petitioner and the learned Government Advocate, insofar as continuity of services that has been taken into consideration and the amount that had been determined for the purpose of payment, at this juncture, the petitioner cannot have any grievance since the said issue has already been concluded by the earlier decisions rendered in this regard. Therefore, the only issue for consideration is as to whether the Controlling Authority and the Appellate Authority were justified in not allowing the petitioner to deduct the amount which had been deposited by the petitioner to the loan account of respondent No. 3 in the Bharathi Cooperative Society, KSRTC Credit Cooperative Society and the amount which had been deducted towards interest for the earlier retained gratuity paid and also the gratuity of Rs. 4,654/- which had been paid to respondent No.