Karnataka High Court
Itnala S .V vs Keerthi Chandra on 20 February, 2024
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
-1-
NC: 2024:KHC:7045-DB
CCC No. 577 of 2023
C/W WA No. 470 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. P.S. DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
CCC NO. 577 OF 2023 (CIVIL)
C/W
WRIT APPEAL NO. 470 OF 2023 (L-KSRTC)
IN CCC NO. 577 OF 2023
BETWEEN:
1. ITNALA S.V.
S/O LATE VEERAPPA BASAPPA ITNALA,
AGE: 69 YEARS,
R/AT HOSALINGEGOWDARA BEEDHI,
RAMANAGAR ROAD, KANAKAPURA,
RAMANAGARA DISTRICT.
...COMPLAINANT
(BY SRI L. SHEKAR, ADVOCATE)
Digitally signed
by YASHODHA N
Location: HIGH AND:
COURT OF
KARNATAKA
1. KEERTHI CHANDRA
DIVISIONAL CONTROLLER,
BMTC SOUTH DIVISION,
BMTC CENTRAL OFFICES,
K.H. ROAD, SHANTHINAGAR,
BENGALURU - 560 027.
...ACCUSED
(BY SMT. H.R. RENUKA, ADVOCATE)
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NC: 2024:KHC:7045-DB
CCC No. 577 of 2023
C/W WA No. 470 of 2023
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
CONTEMPT OF COURTS ACT, 1971 , PRAYING TO INITIATE CIVIL
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILFUL
DISOBEDIENCE OF THE ORDER DATED 13.01.2023 PASSED BY
THIS COURT IN W.P.NO.35900/2018 AS PER ANNEXURE 'A' AND
INITIATE ACTION AGAINST THE ACCUSED ACCORDINGLY BY
ALLOWING THIS CONTEMPT PETITION.
IN W.A. NO. 470 OF 2023
BETWEEN:
1. THE DIVISIONAL CONTROLLER
BMTC, SOUTH DIVISION,
K.H. ROAD, BENGALURU,
HEREIN REPRESENTED BY
THE CHIEF LAW OFFICER,
BMTC, CENTRAL OFFICES,
K.H. ROAD, SHANTHINAGARA,
BENGALURU - 560 027.
...APPELLANT
(BY SMT. H.R.RENUKA, ADVOCATE)
AND:
1. S.V. ITNALA
S/O LATE VEERAPPA BASAPPA ITNALA,
AGED ABOUT 67 YEARS,
R/O HOSALINGEGOWDARA BEEDHI,
RAMANAGARA ROAD,
KANAKAPURA,
RAMANAGARA DISTRICT - 562 157.
2. THE LABOUR OFFICER
AND CONTROLLING AUTHORITY UNDER
PAYMENT OF GRATUITY ACT,
BANGALORE SUB-DIVISION-2,
KARMIKA BHAVAN,
BANNERGHATTA ROAD,
BENGALURU - 560 029.
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NC: 2024:KHC:7045-DB
CCC No. 577 of 2023
C/W WA No. 470 of 2023
3. THE ASSISTANT LABOUR COMMISSIONER
AND APPELLATE AUTHORITY
UNDER PAYMENT OF GRATUITY ACT,
BENGALURU SUB-DIVISION 2,
KARMIKA BHAVAN,
BANNERGHATTA ROAD,
BENGALURU - 560 029.
...RESPONDENTS
(BY SRI L. SHEKAR, ADVOCATE FOR C/R-1)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
13.01.2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.
NO.35900/2018 AND ALLOW THE WRIT PETITION IN ITS
ENTIRETY.
CCC AND WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
W.A.No.470/2023 is directed against the order dated
January 13, 2023 in W.P.No.35900/2018 passed by the
learned Single Judge. CCC No.577/2023 is filed alleging
willful disobedience of the said order.
2. Learned advocates for the parties have filed
joint memo of even date in W.A.No.470/2023 which reads
as follows:-
NC: 2024:KHC:7045-DB
"The parties to the proceedings have
entered into settlement, the appellant has
agreed to pay the workman a sum of Rs. 48,128
with interest at 10% p.a. from 30.04.2015 till
the date of deposit, the contesting respondent
workman has agreed to accept the aforestated
amount in full and final settlement of his claim
towards difference in gratuity and the appeal
may kindly be disposed of in terms of the joint
memo".
3. Learned advocate for the appellant undertakes
to pay amount to respondent No.1 -workman within four
weeks from today. Her submission is accepted.
4. In view of the above, nothing further survives
and this appeal is disposed of. Consequently, contempt
petition is closed.
No costs.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
