Karnataka High Court

WP/18003/2023 of THE ASSISTANT EXECUTIVE ENGINEER Vs THE ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY on 5 October 2026

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CNR: KAHC010418462023 NC: 2026:KHC:55389 WP No. 18003 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18003 OF 2023 (L-PG) BETWEEN: 1. THE ASSISTANT EXECUTIVE ENGINEER CAUVERY

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

WRIT PETITION NO. 18003 OF 2023 (L-PG)

BETWEEN:

1.

THE ASSISTANT EXECUTIVE ENGINEER

CAUVERY NEERAVARI NIGAM LIMITED

NO. 5, HEMAVATHI LEFT BANK CANAL

K.R. PETE TALUK, MANDYA DISTRICT-571 426.

2.

THE MANAGING DIRECTOR

CAUVERY NEERAVARI NIGAM LIMITED

CAUVERY BHAVAN COMPLEX

GOKULAM, 4TH STAGE, MYSURU-571 114.

…PETITIONERS

(BY SRI. K S BHEEMAIAH., ADVOCATE)

AND:

1.

THE ASSISTANT LABOUR COMMISSIONER

AND APPELLATE AUTHORITY

MYSORE DIVISION

MYSORE-570 023.

2.

THE LABOUR COMMISSIONER

CONTROLLING AUTHORITY

UNDER PAYMENT OF GRATUITY ACT

MANDYA-571 401.

3.

SRI. NINGA

MAJOR

S/O. BORAIAH

MANDAGERE, K.R. PETE

MANDYA DISTRICT-571 426.

…RESPONDENTS

HC-KAR

(BY SRI.M RAJA KUMAR, AGA FOR R1 AND R2:

R3 IS SERVED)

THIS

WP

IS

FILED

UNDER

ARTICLE

OF

THE

CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON

THE FILE OF R-1 THE ASST. LABOUR COMMISSIONER AND THE

APPELLATE

AUTHORITY

AT

MYSORE

IN

APPEAL

NO.

SKAM/PGA/APPEAL/CR-15/2021-22 WHICH IS AT ANNEXURE-B AND

ON THE FILE OF THE R-2 THE LABOUR COMMISSIONER AND

GRATUITY

AUTHORITY

MANDYA

IN

CASE

NO.

LOM-

2/PGA/CR/28/2017 WHICH IS AT ANNX-A QUASHING THE ORDER AT

ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN

‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order dated 04.11.2021 vide Annexure-A passed by respondent No.2 and the order dated 12.04.2023 vide Annexure-B passed by the respondent No.1.

2. The learned counsel for the petitioners submits that the question as to whether the period prior to regularization would be counted for the purpose of payment of gratuity is pending before the Apex Court in SLP (Civil) Diary No. 9156/2023 and he further contended that as per the order passed by the Controlling Authority,

HC-KAR

the entire gratuity amount given prior to the date of regularization has been deposited by the petitioners before the Controlling Authority while filing the appeal.

3. Since similar issue is pending before the Apex Court in the above stated petition, this writ petition stands disposed of, with an observation that, if the Apex Court decides the issue in favour of the petitioners and if the Apex Court declares that the period prior to the regularization would not count for the calculation of the gratuity, it is open for the Controlling Authority to refund the amount in favour of the petitioners. In case, if the petitioners fail before the Apex Court, the Controlling Authority is directed to release the amount in favour of respondent No.3. Till then, the Controlling Authority is directed to keep the amount in a fixed deposit.

(H.T. NARENDRA PRASAD) JUDGE

CM LIST NO.: 1 SL NO.: 59

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