KARNATAKA STATE ROAD TRANSPORT CORPORATION Vs. DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY, THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY AND ANWAR KHAN

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 28 -2 -2011, passed by the first respondent in case No. DLCB -2/PGA/CR -143/09 -10 vide Annexure -C. By the impugned order at Annexure -C, the first respondent has confirmed the order passed by the second respondent in Case No. ALC -3/PGA/CR -186/06 07 dated 14 -7 -2009.

(2.) AGGRIEVED by that, the petitioner has filed this writ petition.

(3.) THE learned counsel for the petitioner contended that the impugned orders cannot be sustained in law. She also submitted that the respondents -1 and 2 have erred in taking the service of the petitioner as 20 years 9 months. The third respondent has served only for a period of 14 years and 4 months. Therefore, the gratuity determined taking the service of the third respondent as 20 years and 9 months is not correct. She also submitted that a sum of Rs. . 54,340/ - was remitted to the loan account of the third respondent in K.S.R.T.C. Consumer Co -operative Society through cheque No. 420365 dated 19 -01 -2007. The respondents 1 and 2 have failed to consider this. Therefore, the impugned orders cannot be sustained in law. She placed reliance on the unreported decisions of this Court in W.P. No. 12484/2008, W.P. No. 38098/2010 and W.P. No. 17743/2007.