Karnataka High Court
The Rajajinagar Education ... vs Union Of India on 8 June, 2023
Bench: K S Hemalekha
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NC: 2023:KHC:19807
WP No. 56200 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.56200 OF 2014 (L-PF)
BETWEEN:
1. THE RAJAJINAGAR EDUCATION SOCIETY
SITUATED AT WEST OF DR. BENDRE ROAD,
BEHIND MODI EYE HOSPITAL,
MAHALAKSHMIPURAM,
BANGALORE - 560 086
REPRESENTED BY ITS SECRETARY
M.S. GUDI
S/O. LATE SEETHARAM BHAT,
AGED ABOUT 83 YEARS.
2. SRI AUROBINDO VIDYA MANDIR
#6/C, 5TH MAIN, II STAGE
BEHIND DR. M.D. MODI EYE HOSPITAL,
W.C.R., BANGALORE - 560 086
REPRESENTED BY ITS SECRETARY
M.S. GUDI
S/O. LATE SEETHARAM BHAT,
Digitally signed by
MAHALAKSHMI B M AGED ABOUT 83 YEARS. ... PETITIONERS
Location: HIGH
COURT OF (BY SRI A.R. GOUTHAM, ADVOCATE)
KARNATAKA
AND:
1. UNION OF INDIA
THROUGH SECRETARY
MINISTRY OF LAW & JUSTICE
GOVERNMENT OF INDIA,
4TH FLOOR, A-WING,
SHASTRI BHAWAN,
NEW DELHI - 110 001.
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WP No. 56200 of 2014
2. MINISTRY OF LABOUR AND EMPLOYMENT
THROUGH ITS SECRETARY,
RAFI MARG,
NEW DELHI - 110 001.
3. SMT. VIDYA WALVEKAR
W/O. VIJAYENDRA WALVEKAR,
AGED ABOUT 49 YEARS,
NO.117A, 24TH CROSS,
2ND BLOCK, RAJAJINAGAR,
BANGALORE - 560 010.
4. ASSISTANT LABOUR COMMISSIONER &
GRATUITY CONTROLLING AUTHORITY
BANGALORE, DIVISION-2,
KARMIKA BHAVANA,
BANEERUGATTA ROAD,
BANGALORE - 560 002. ... RESPONDENTS
(BY SRI H. SHANTHI BHUSHAN, DSG FOR R-1 & R-2;
SRI K. MANJUNATHA RAO BHONSLE, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DECLARE SUB SECTION 2(e)
OF SECTION 1 OF THE PAYMENT OF GRATUITY (AMENDMENT) ACT,
2009, AS UNCONSTITUTIONAL FOR GIVING RETROSPECTIVE EFFECT
TO THE PAYMENT OF GRATUITY (AMENDMENT) ACT, 2009, VIDE
ANNEXURE-D; AND DECLARE SECTION 13-A NEWLY INSERTED BY
SECTION 3 OF THE PAYMENT OF GRATUITY (AMENDMENT) ACT,
2009, IN THE PAYMENT OF GRATUITY ACT 1972 AS
UNCONSTITUTIONAL FOR ARBITRARILY VALIDATING THE
NOTIFICATION DATED 31.12.2009 WITH RETROSPECTIVE EFFECT
w.e.f. 03.04.1997 AND FOR UNDOING THE JUDGMENTS PASSED BY
ANY COURT OF LAW DURING THIS PERIOD COPY VIDE ANNEXURE-D
AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 56200 of 2014
ORDER
Learned counsel for the petitioner and respondent
No.3 have filed a joint memo, which is duly signed by the
parties and their respective counsel stating that the
petitioner and respondent No.3 have settled the dispute
amicably and respondent No.3 has agreed to receive a
sum of Rs.3,71,292/- having credited to her savings bank
account within two days from today. The joint memo reads
as under:
"The petitioner and the 3rd respondent have
amicably settled the dispute whereas the 3rd
respondent has agreed to receive a sum of
Rs.3,71,292/-, which shall be credited to her SBI
A/C No.10181711194 within 2 days from today. As
final settlement. The same may kindly be taken on
record and the petition may kindly be disposed in
light of the settlement between the petitioner and
the 3rd respondent in the interest of justice."
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WP No. 56200 of 2014
2. Respondent No.3, who is present before the
Court submits that she is agreed for the terms and
conditions of the joint memo.
3. In view of the joint memo filed, the present
petition stands disposed of as settled. It is relevant to
state that in the event, the aforesaid amount is not
deposited within two days as agreed by the petitioner,
respondent No.3 is at liberty to seek revival of the order.
Sd/-
JUDGE
MBM
