Karnataka High Court
Assistant Executive Engineer vs The Deputy Lasour Commissioner on 24 May, 2021
Author: P.B.Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.B. BAJANTHRI
WRIT PETITION NO.8092/2015 (L-PG)
BETWEEN:
1. ASSISTANT EXECUTIVE ENGINEER
CAUVERY NEERAVARI NIGAM LTD.,
NO.20, HEMAVATHI LEFT CANAL
SUB-DIVISION, K.R. PET TALUK,
MANDYA DISTRICT - 571401.
2. MANAGING DIRECTOR
CAUVERY NEERAVARI NIGAMA LTD
CAUVERY BHAVAN COMPLEX,
GOKULAM 4TH STAGE,
MYSORE - 570 001 ... PETITIONERS
(BY SRI. K.S. BHEEMAIAH, ADVOCATE (NOC))
AND:
1. THE DEPUTY LABOUR COMMISSIONER
APPELLATE AUTHORITY, REGION-II,
"KARMIKA BHAVAN",
BANNERGATTA MAIN ROAD,
BANGALORE - 560 029.
2. ASST. LABOUR COMMISSIONER
AND CONTROLLING AUTHORITY,
UNDER PAYMENT OF GRATUITY ACT,
MYSORE DIVISION, MYSORE - 570 001.
3. SMT. SUSHEELAMMA,
AGED ABOUT MAJOR
W/O LATE VISHAKANTE GOWDA,
3A. SRI. YOGISH,
AGED ABOUT MAJOR
S/O LATE VISHAKANTE GOWDA,
2
3B. SMT. MEENAKSHI,
AGED ABOUT MAJOR
D/O LATE VISHAKANTE GOWDA,
3C. SMT. BHAGYA,
AGED ABOUT MAJOR
D/O LATE VISHAKANTE GOWDA,
3D. SRI. HARISH,
AGED ABOUT MAJOR
S/O LATE VISHAKANTE GOWDA,
3E. SMT. INDRA,
AGED ABOUT MAJOR
D/O LATE VISHAKANTE GOWDA,
ALL ARE R/AT SARANGI GRAMA,
K.R. PET TALUK,
MANDYA DISTRICT - 571 401 ... RESPONDENTS
(BY SRI. Y.D. HARSHA, AGA FOR R-1 & R-2.
SMT. VIGNESHWAR S. SHASTRI FOR R-3
R-3(B) SERVED & UNREPRESENTED. V/O DTD: 20/04/18
NOTICE TO R-3 (A, C, D & E) DISPENSED WITH)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS
ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE
AUTHORITY BANGALORE IN RESPECT OF APPEAL NO. UKAB-2/PGA/CR-
237/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR
COMMISSIONER IN RESPECT OF NO. PGA/CR-92/2010-11 AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING - B
GROUP PHYSICAL HEARING/VIDEO CONFERENCING HEARING
(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-
3
ORDER
In the instant petition, petitioners have prayed for the
following reliefs:-
1. Call for the records on the file of 1st respondent, Labour
Commissioner and the Appellate Authority Bangalore in
respect of Appeal No. UKAB-2/PGA/CR-237/2013-14 and
on the file of the 2nd Respondent Assistant Labour
Commissioner in respect of No. PGA/CR-92/2010-11.
2. Issue a writ in the nature of certiorari or any other
appropriate writ, quashing the order at Annexure-A
dated 31.07.2013 passed by the Respondent Assistant
Labour Commissioner and Gratuity Authority Mysore
Division, Mysore in PGA/CR-92/2010-11 and at
Annexure-B dated 27.10.2014 passed by the 1st
respondent, Deputy Labour Commissioner and the
Appellate Authority in Appeal No. UKAB-2/PGA/CR-
237/2013-14.
2. In identical matter, petitioners have suffered an
order and it was subject matter of W.A.No.100/2013 wherein
also they have suffered order.
3. Learned counsel for the petitioners submitted that
petitioners intends to file a Special Leave Application before the
Apex Court against the order passed in W.A.No.100/2013 and
seeks time in this matter. Such speculative relief cannot be
considered in order to adjourn the matter. The matter is squarely
covered by decision in W.A.No.100/2013. At this juncture,
learned counsel for respondent No.3 on instructions submitted
that pursuant to the impugned order the monetary benefit has
been extended to respondent No.3 as on this date.
In view of these facts and circumstances, writ petition
stands disposed of in terms of judgment in W.A.No.100/2013.
Petitioners are at liberty to make necessary application for
revival of W.P.No.8092/2015 in the event of any order passed in
favour of the petitioners by the Apex Court, arising out of
W.A.No.100/2013.
Sd/-
JUDGE
KPS
