Workman Cannot Claim Gratuity When He Has Questioned His Dismissal From Service: Karnataka High Court

Posted On - 17 January, 2024 • By - King Stubb & Kasiva

The respondent was a workman in Karnataka State Road Transport Corporation (“KSRTC”) and was dismissed from service on an act of misconduct. Thereafter, the respondent raised a dispute before the Labour Court, Bengaluru, which came to be dismissed. On questioning the award through a writ petition, the matter came to be remanded to the Labour Court. Meanwhile, the workman filed an application before the Controlling Authority seeking payment of gratuity. The Controlling Authority determined the gratuity and directed payment by KSRTC. The appeal filed against the said order by KSRTC was rejected by the Appellate Authority. The said orders of the Gratuity Authorities were called into question in Writ Petition No. 3649 of 2023 (L-PG). The Hon’ble Karnataka High Court therein noted that an employee is eligible for payment of gratuity in the event of superannuation, retirement, resignation and death or total disablement due to accident of deceased employee. In the present case, the Hon’ble Court observed that the workman is dismissed from the service and he has not accepted the order of dismissal and further, has questioned the same before the Labour Court. Hence, he cannot file an application claiming payment of gratuity.