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

JUDGEMENT

(1.) THIS Writ Petition is by the Corporation questioning the order of the second respondent dated 4. 9. 2007 produced at Annexure-C confirmed by the order of first respondent dated 31. 3. 2008 produced at Annexure-E.

(2.) RESPONDENT No. 3 filed a claim petition before the Controlling authority under the provisions of Payment of Gratuity Act, 1972 (in short referred to as 'the Act') inter alia stating that, he joined the Corporation service on 19. 12. 1966 and retired on 31. 1. 2004 and has completed 37 years of continuous service and he was drawing Rs. 7,315/- basic pay and was also getting Rs,. 4,023/- dearness allowance. However, Corporation has paid rs. 2,38,621/- towards the gratuity as against Rs. 2,70,655/- and claimed that he is entitled for Rs. 32,034/- with interest.

(3.) THE said claim petition was opposed by the Corporation inter alia stating that there was a break in service for 3 years 11 months 7 days. In this regard, corporation had produced attendance register showing that the respondent had remained absent and has not completed 240 days during 1972, 1973, 1977 and 1981 and even evidence was also led by the corporation.