Karnataka High Court
Sri S M Shivakumar vs The Managing Director on 25 January, 2012
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 25" DAY OF JANUARY 2012 _ ee BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR 7 BETWEEN: Sri. S.M. Shivakumar Aged about 41 years S/o. late Mariyappa eS R/o. Sonnanayakanahalli : (By Sri. 8.13. Mukkannappa , Advocate] The Mancging Dito | BMTC. © Central Offices, 7 K.H. Read, -- y. Smt. H.R. Renuka, Advocate) . PETITIONER ...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 926 & 227 OF THE CONSTITUTION OF INDIA WITH A as .PRAYER TO DIRECT THE RESPONDENT TO CONSIDER "THE WRITTEN REPRESENTATION DATED 8/ 4-9-2011 VIDE ANNEXURE-C, TO THE WRIT PETITION REGARDING THE SETTLEMENT OF PROVIDENT
- FUND. GRATUITY AND SUCH OTHER BENEFITS FOR WHICH THE PETITIONER IS LEGALLY ENTITLED. THIS PETITION COMING ON FOR PRELIMINARY . HEARING THIS DAY THE COURT MADE HE FOLLOWING: | ae Petitioner-workman who was dismissed from service on 26.02.2008 which order of dismineai came t be affirmed by this court in WP. Ne. 1036/2011 is seeking direction to the reepundent to ccamider his representation dated 8/ 14 Li (Annexure-C) relating to settlement of provident fund, graniity and euch other benefits.
2, Heard -- Sri6B 2. Mukkannappe, learned connec! eppoaring fr the petitioner and Smt. H. R. Renulee who Tras accepted notice for respondent- ° s S Petitioner was working in the respomdent- = 7 corporation a8 a conductor and on account of unauthorised absence he was issued with the article of _ os, ' charges and in the domestic enquiry held, charges were held to be proved and disciplinary authority dismissed 47 the petitioner from service. In the dispute raised by the workman reference came to be allowed by the Labour Court and order of dismissal was modified to that tof reinstatement without any benefits: and by 'imposing - - :
lesser punishment. Both the workanan and the corporation aggrieved by the order of Labour Court approached this court. in WP No. 17944/2011 connected with W.P. No. 1036/2011 and 'this court by order dated 30. 05, 2011 dismiased the writ petition filed by the workman and ali jowed the writ petition filed by the corporation and there confirmed the order of din mineal, ns a 4. 'Thereafter petitioner is said to have given a representation in @/14-9-11 to the respondent as per oN Armexure-E requesting for release of provident fund, may gratuity, pension and other benefits.
8. Smt. HLR. Renuka appearing for the os . corporation would submit that said representation ' would be considered in accordance with law on merite within an outer limit of 8 weeks from the date of receipt .
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of a copy of this order. Placing her submission on. record a direction is issued to the resporvient- a corporation to consider the representation of petitioner dated 8/14-9-2011 (Arinexure-C} ia accudance with :
law within an outer limit of 4 weeks from the. date te of receipt of certified copy of this order. In the result writ petitios stands allowed. Sd/s JUDGE DR