Karnataka High Court
Vijayakumar vs The State Of Karnataka And Anr on 24 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2621
WP No. 200613 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200613 OF 2024 (L-PG)
BETWEEN:
VIJAYAKUMAR
S/O DATTATREYA,
AGED ABOUT 68 YEARS,
OCCUPATION RETIRED GOVERNMENT SERVANT,
R/o C/O GOVINDRAO VITHALRAO KULKARNI,
RUKMA MANDIR, BHARPET, ALAND,
TALUKA ALAND, DISTRICT KALABURAGI.
...PETITIONER
(BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE)
AND:
Digitally signed
by SACHIN
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF
KARNATAKA DEPARTMENT OF PUBLIC WORKS,
REP/BY ITS PRINCIPAL SECRETARY,
VIKAS SOUDHA, BENGALURU-560001.
2. THE ASSISTANT EXECUTIVE ENGINEER
PWD SUB-DIVISION, ALAND,
TALUKA ALAND, DISTRICT KALABURAGI - 585 302.
...RESPONDENTS
(BY SRI. VEERANAGOUDA M.BIRADAR, AGA)
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NC: 2026:KHC-K:2621
WP No. 200613 of 2024
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO A) ISSUE A
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
DIRECTING THE RESPONDENTS TO COMPLY WITH THE
STATUTORY MANDATE OF SEC. 4 OF PAYMENT OF GRATUITY
ACT, 1972 IN TERMS OF ORDER DATED 11.11.2019 PASSED BY
THE LABOUR OFFICER AND CONTROLLING OFFICER UNDER
PAYMENT OF GRATUITY ACT, 1972 KALABURAGI SUB-
DIVISION KALABURAGI AS PER ANNEXURE-A; B) ANY OTHER
ORDER, WRIT OR DIRECTION MAY BE ISSUED AS DEEMED
NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
This writ petition under Article 226 and 227 of the Constitution of India is filed seeking for the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ, directing the respondents to comply with the statutory mandate of Sec. 4 of Payment of Gratuity Act, 1972 in terms of order dated 11-11-2019 passed by the Labour Officer and Controlling Officer under Payment of Gratuity act, 1972 Kalaburagi Sub-Division Kalaburagi as per Annexure-A;
b) any other order, writ or direction may be issued as deemed necessary in the facts and -3- NC: 2026:KHC-K:2621 WP No. 200613 of 2024 HC-KAR circumstances of the case, in the interest of justice.
2. Heard the learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 and 2.
3. Petitioner who has retired from service on 31.05.2025 appears to have filed an application before the Labour Officer and Controlling Authority, Kalaburagi Division, claiming payment of gratuity amount. The said application in proceedings bearing No.PÁCPÀ/G¥ÁPÁ/¹Dgï- 149/2016 was allowed on 11.11.2019 and it was held that petitioner was entitled for a gratuity amount of Rs.3,02,035/- with interest. Grievance of the petitioner is that the order passed by the Controlling Authority at Annexure-A dated 11.11.2019 is not complied till date. It appears that petitioner has already approached the Controlling Authority and has filed an application with a prayer to issue certificate under Section 8 of the Payment -4- NC: 2026:KHC-K:2621 WP No. 200613 of 2024 HC-KAR of Gratuity Act, 1972 for the purpose of enabling him to recover the gratuity amount under the order at Annexure-A dated 11.11.2019.
4. Under the circumstances, I am of the opinion that, if this writ petition is disposed of directing the Labour Officer and Controlling Authority under the Payment of Gratuity Act 1972, Kalaburagi Division to consider the application of the petitioner at Annexure-H dated 19.04.2023 for issuance of a recovery certificate the same would serve the ends of justice. Accordingly, the following order:
i) Writ petition is disposed of directing the Labour Officer and Controlling Authority under the Payment of Gratuity Act, 1972, Kalaburagi Division to consider the petitioner's prayer for issuance of recovery certificate so as to enable him to recover the gratuity amount with interest as per the order at Annexure-A dated 11.11.2019 as -5- NC: 2026:KHC-K:2621 WP No. 200613 of 2024 HC-KAR expeditiously as possible and pass appropriate orders in accordance with law, not later than a period of two months from the date of receipt of copy of this order.
ii) Petitioner is at liberty to file a fresh application for issuance of the recovery certificate before the competent authority along with the copy of this order.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE sn List No.: 2 Sl No.: 26