AI Structured Summary
Not yet generated for this judgment
Judgment
Sri.Uma Shankar M.N., counsel for the petitioner and Smt.Monica Patil, counsel for respondent No.1 appeared in person.
The Nodal officer of KSMCL - Smt.Meenakshi.K.D., is physically present and she has been duly identified by her counsel.
This petition is filed seeking following reliefs:
(i)Issue a writ in the nature of mandamus directing the respondent No.1 to release the Gratuity amount of the petitioner i.e., Rs.8,78,019/-(Rupees Eight Lakhs Seventy Eight Thousand Nineteen only) with interest at 12% p.a. as per Annexure-A dated 08.08.2023 in the interest of justice and equity.
(ii)Issue direction to the respondent to pay the damages, as the gratuity payable to the petitioner has been withheld / forfeited illegally and arbitrarily in the interest of justice and equity.
(iii)Issue any appropriate direction to respondents 1 and 2 as this Hon'ble Court may deem fit, in the circumstances of the case, in the interest of justice and equity.
(iv)To grant any other relief or direction in the facts and circumstances in the interest of justice and equity.
Counsel for the respective parties urged several contentions.
Counsel appearing for respondent No.1, on instructions, submits that respondent No.1 has issued a Demand Draft dated 17.03.2021 for a sum of Rs.8,78,019/- towards gratuity, drawn on the State Bank of India in favor of the Assistant Labour Commissioner, Central Bengaluru. She further submits that the Office of the Assistant Labor Commissioner, Central Bengaluru, has encashed the said Demand Draft and that the amount is presently lying in its account. Counsel further submits that respondent No.1 would request respondent No.2 to transmit a sum of Rs.8,78,019/- to the Bank account of the petitioner. Accordingly, she submits that the aforesaid oral submissions may be taken on record and the petition may be disposed of.
Counsel appearing for the petitioner acknowledges the submissions made on behalf of respondent No.1 and submits that a memo has been filed furnishing the Bank account details of the petitioner. Accordingly, counsel submits that the petition may be disposed of.
The oral submissions made by the counsel appearing for the respective parties are taken on record.
In view of the aforesaid submissions, the petition is disposed of with a direction to respondent No.1 to make a request to respondent No.2 for transmission of the amount of Rs.8,78,019/- to the Bank account of the petitioner, within a period of two weeks from the receipt of a certified copy of this order. Upon receipt of such request from respondent No.1, respondent No.2 shall transmit the aforesaid amount to the Bank account of the petitioner.
Because of disposal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.