Karnataka High Court
WP/11065/2022 of DEPARTMENT OF HORTICULTURE (SS) Vs SMT JAYAMMA on 5 October 2026
CNR: KAHC010095222021 NC: 2026:KHC:55393 WP No. 11065 of 2022 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. 11065 OF 2022 (L-PG) BETWEEN: 1. DEPARTMENT OF HORTICULTURE (SS) REP. BY ITS
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. 11065 OF 2022 (L-PG)
BETWEEN:
1.
DEPARTMENT OF HORTICULTURE (SS)
REP. BY ITS SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE
KRISHNARAJA SAGARA
MANDYA DISTRICT.
2.
THE PRINCIPAL SECRETARY
STATE OF KARNATAKA
DEPARTMENT OF HORTICULTURE
VIKASA SOUDHA, BENGALURU.
…PETITIONERS
(BY SRI. M. RAJA KUMAR, AGA.,)
AND:
1.
SMT JAYAMMA
NO.349, BEHIND GOVERNMENT HOSPITAL
JANATHA COLONY
K R S SRIRANGAPATNA TALUK
MANDYA DISTRICT.
2.
THE CONTROLLING AUTHORITY
UNDER PAYMENT OF GRATUITY
AND LABOUR OFFICER
MANDYA DISTRICT, MANDYA.
HC-KAR
3.
THE ASSISTANT LABOUR COMMISSIONER
AND APPELLATE AUTHORITY UNDER
PAYMENT OF GRATUITY ACT
MYSURU DISTRICT, MYSURU.
…RESPONDENTS
(R1 TO R3 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS AND QUASH THE IMPUGNED ORDER DATED
30.07.2019 IN NO.PÁCªÀÄA-1 ¦fJ/¹Dgï-59/2017 ( ¸ÀPÁDªÉÄÊ/¦fJ/
¹ Dgï-237/2014) MANDYA PASSED BY THE LABOUR OFFICER, MANDYA SUB DIVISION, MANDYA AND QUASH THE ORDER
DTD 21.07.2020 IN NO. ¸ÀPÁDªÉÄÊ/¦fJ/ C¦Ã®Ä/¹Dgï-01/2019-20
MYSURU PASSED BY THE ASSISTANT LABOUR COMMISIONER
AND CONTROLLING AUTHORITY MYSURU DIVISION MYSURU
VIDE ANNEXURE-A AND B AND ETC.
THIS PETITION, COMING ON FOR PRELIMIANR 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
Learned Additional Government Advocate appearing for the petitioners submits that the issue in this writ petition is for payment of difference of gratuity during the period the first respondent was working as a daily wages employee, i.e., prior to regularization of her appointment.
HC-KAR
2. This issue is pending before Apex Court in Civil Appeal No.564/2020.
3. In view of the above, this writ petition stands disposed of. Any order passed by the Apex Court in Civil Appeal No.564/2020 shall be applicable to the petitioners herein as well. Till then, the respondent Nos.2 and 3 are directed not to seek for implementation of the impugned order.
(H.T. NARENDRA PRASAD) JUDGE
CM List No.: 1 Sl No.: 39