Deep Dive
Retirement and Disability Disputes
The court addressed cases involving delayed payments to retired employees, with a focus on a petitioner who was denied light work due to a 23% disability certificate. The corporation argued that the disability did not meet the legal threshold for light duty. Another case involved a voluntary retirement application where the petitioner claimed financial loss due to delayed acceptance.
Gratuity and Employment Benefits
A former KSRTC employee contested the exclusion of dearness allowance in his gratuity calculation. The court upheld the controlling authority's method, which was based solely on basic salary. The case highlighted the complexities in interpreting employment benefit regulations.
Bus Overloading Incident
A bus driver faced disciplinary action for carrying 17 extra passengers. The tribunal overturned the penalty, citing the passengers were transferred from another bus with a punctured tire. The corporation's argument of unauthorized boarding was dismissed as the tribunal found the punishment disproportionate.
Arbitration and Non-Compete Clauses
A share purchase agreement dispute involved respondents allegedly breaching non-compete clauses by forming a competing entity. The court ruled that arbitration should occur in Bangalore, as per the agreement, despite the respondents' claims of the employment agreement's precedence.
Compulsory Retirement and Benefits
The case of a driver dismissed for a fake certificate, later converted to compulsory retirement, raised questions about eligibility for leave encashment. The corporation argued against benefits due to the retirement being a penalty, while the petitioner contested this interpretation.
Compassionate Appointment and Legal Adjustments
A compassionate appointment application was rejected due to the applicant's marital status. The court also dealt with modifying an interest rate from 10% to 8% on a payment, demonstrating its role in adjusting financial obligations.