Karnataka Power Corporation ... vs State Of Karnataka
2022 Latest Caselaw 11334 Kant

                           1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 11TH DAY OF AUGUST, 2022

                       PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

          WRIT APPEAL NO.588/2021(L-PG)

BETWEEN:

KARNATAKA POWER
CORPORATION LIMITED
SHAKTI BHAVAN, RACECOURCE
ROAD, BANGALORE - 560 001
REPRESENTED BY ITS
MANAGING DIRECTOR.                         ...APPELLANT


(BY SRI PRADYUMNA L. NARSIMHA, ADV.)

AND:

1.

STATE OF KARNATAKA NO.414, 4TH FLOOR VIKASA SOUDHA DR. B.R.AMBVEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY SECRETARY LABOUR DEPARTMENT.

2. THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,1972 KARMIKA BHAVAN

BANNERUGHATTA ROAD BENGALURU - 560 029.

3. SRI V. THIPPESWAMY S/O LATE YERIAPPA V AGED ABOUT 66 YEARS RESIDING AT NO.903 2ND CROSS, HAALU NARISMIAH BADAVANE, PAAPARYAREDDYPALYA NAGARBHAVI 2ND STAGE, 11TH BLOCK BENGALURU - 560 072.

4. SRI MANJUNATH K.S S/O LATE SEETHARAMAIAH AGED ABOUT 68 YEARS RESIDING AT NO.21, 1ST FLOOR 9TH CROSS, CHUNCHUNGHATTA KONHANAKUNATE, J.P. NAGAR 7TH PHASE, BENGALURU - 560 062.

5. SRI DEVIDAS GANESH BHAT S/O GANESH BHAT AGED ABOUT 68 YEARS RESIDING AT NO.208 1ST CROSS, 8TH MAIN BHAVANI NAGAR, 2ND PHASE RAILWAY LAYOUT MALLATHALLI BENGALURU - 560 078.

6. SRI M.B. JAYARAM S/O M. BALAKRISHNA AGED ABOUT 68 YEARS RSDING AT NO.140 5TH CROSS, 1ST PHASE J.P NAGAR, BENGALURU - 560 078.

7. SRI N.R. HEGDE S/O RAMAIAH HEGDE AGED ABOUT 69 YEARS RESIDING AT NO.443/B 2ND CROSS, KADAMBANAGAR BVANASWADI ROAD, SIRSI - 581 402.

8. SRI K. SHESHAGIRI RAO S/O KESHAVA RAO AGED ABOUT 69 YEARS NO.96, 1ST FLOOR, 1ST CROSS 5TH MAIN, REMCO LAYOUT VIJAYANAGAR, BENGALURU - 560 405.

9. SRI P.S. BALASUBRAMANAYAM N S/O LATE SUBBARAMNYA SASTRY AGED ABOUT 69 YEARS NO.385, 14TH CROSS, 2ND MAIN PURNAPRAGNYA NAGAR UTTARAHALLI, BENGALURU - 560 061.

10. SRI NARAYANA H BHANDARE S/O HANUMANTHAPPA AGED ABOUT 66 YEARS NO.106, 2 ND MAIN, 6TH COR5SS SIDDAPURA, WHIREFIELD BENGALURU - 560 066.

11. SRI H.N. NARAYANA PRASAD S/O H.R.N. MURTHRY AGED ABOUT 69 YEARS NO.573, 18TH CROSS, KPC LAYOUT KASANHALLI, BENGALURU - 560 035.

12. SRI H.S. PUTTANAIAH S/O SUBBEGOWDA AGED ABOUT 67 YEARS 124, 29TH MAIN, 18TH CROSS SECTOR 2, HSR LAYOUT BENGALURU - 560 102.

13. SRI P. RAJENDRA PILLAI S/O Y. PARAMESHWARAM PILLAI AGED ABOUT 68 YEARS NO.222, 3RD CROSS NEW BANK COLONY KONNANKUNTE BENGALURU - 560 062.

14. SRI S. PRAKASH BABU S/O N. NARASIMHAIAH AGED ABOUT 69 YEARS NO.2888, 14TH E CROSS ATTIGUPPE, VIJAYANAGAR BENGALURU - 560 040.

15. SRI SUBBARAYA BHAT S/O GOPAL BHAT AGED ABOUT 69 YEARS NO.137, KPC LAYOUT 10TH CROSS, KASAVANAHALLI BENGALURU - 560 035.

16. SRI B. RAMAIAH S/O BODAPPA AGED ABOUT 69 YEARS NO.1024, 11TH MAIN, 5TH CROSS HAMPINAGAR, VIJAYANAGAR 2ND STAGE, BENGALURU - 560 040.

17. SRI H. NARASIMHA S/O P. HOBALAIAH AGED ABOUT 69 YEARS P-96, 9TH MIAN, 12TH SECTOR HAL, 3RD STAGE JEEVANBHIMANAGAR BENGALURU - 560 075.

18. SRI A. GOVINDARAJAN S/O A. KRISHNASWAMY AGED ABOUT 68 YEARS NO.206, 3A CROSS, 3RD BLOCK HRBR LAYOUT, KALYAN NAGAR BENGALURU - 560 043.

19. SRI VENKATESH S. BIDI S/O SREENEVAS RAO AGED ABOUT 69 YEARS

VINOBNAGAR, BANNERUGHATTA MAIN ROAD BENGALURU - 560 076.

20. SRI S. RAMESH S/O LATE SHREERANGANATHAN AGED ABOUT 69 YEARS NO.50, 2 ND MAIN J.P. NAGAR DOLLARTS LAYOUT BENGALURU - 560 014.

21. SRI V.S. KULKARNI S/O SRINIVAS KULKARNI AGED ABOUT 69 YEARS NO.47 DESAI GARDEN VASANTPURA MAIN ROAD, BENGALURU - 560 062.

22. SRI IQBAL AHMED S/O MD. IBRAHIM AGED ABOUT 69 YEARS NO.27, 10TH CROSS, PIPELINE ROAD VINAYANAGAR, BENGALURU - 560 023.

23. SRI NARAYANA G S/O GANGAPPA AGED ABOUT 69 YEARS NO.85, 1ST FLOOR, FOREST LAYOUT RV COLLEGE POST, MYSORE ROAD BENGALURU - 560 059.

24. SRI MAHESH KUMAR S NYAMATHI S/O LATE SHANTAPPA AGED ABOUT 66 YEARS FLAT NO.308, ROOPAM COMFORTS NGR LAYOUT, ROOPAM AGRAHARA MADIVALA, BENGALURU - 560 068.

25. SRI B.S. KRISHNAMURTHY S/O SRIKANTA SHASTRY AGED ABOUT 69 YEARS 3/8, DRDO LAYOUT, PHASE 1 CV RAMAN NAGAR BENGALURU - 560 093.

26. SRI M.S. KULKATNI AGED ABOUT 68 YEARS

NO.21, 4TH CROSS 10TH MAIN, RPC LAYOUT VIJAYANAGAR 2ND STAGE HAMPINAGAR BENGALURU - 560 104.

27. SRI DEVRAJ CHAR S/O PUTTASWAMI CHAR AGED ABOUT 68 YEARS NO.4612, 4TH CROSS, 12TH MAIN G BLOCK, KANAKDULLA NAGAR MYSURU - 22.

28. SRI VENKATARAMAN S NAIK S/O SHIVAPPA NAIK AGED ABOUT 69 YEARS NO.3B NEAR ITI COLLEGE PRABHANAGAR HONNAVARA - 581 334.

29. SRI S.R. SHRIDHARMURTHY S/O LATE H.R. RAGHU AGED ABOUT 64 YEARS ANNAJI RAO LAYOUT 1ST CROSS, VINOBANAGAR MIDAKERE, SHIVAMOGGA - 577 204.

30. SRI V.T. CHANAL S/O T. CHANAL AGED ABOUT 68 YEARS NO.146, 3RD CROSS 3RD MAIN, KSRTC LAYOUT JP NAGAR 2ND PHASE BENGALURU - 560 078.

31. SRI J.S. SRINIVASA MURTHY S/O R. SHIVRAMAIAH AGED ABOUT 66 YEARS NO.89, 4TH CROSS MUNNIREDDY LAYOUT SUDHAMA NAGAR BENGALURU - 560 027.

32. SRI R. SATHYANARAYAN S/O M. RAMACHANDRAPPA AGED ABOUT 69 YEARS NO.33, 1ST FLOOR 2ND MAIN ROAD SUDHAMA NAGAR BENGALURU - 560 027.

33. SRI G.T. GANGDHARMURTHY S/O LATE THIPPERUDRAPPA AGED ABOUT 68 YEARS NO.2, SAI MURALI COMFORTS SAI NISARGA LAYOUT, 3RD MAIN 2ND CROSS, BEML 5TH STAGE RR NAGAR, BENGALURU - 560 098.

34. SMT G. HEMACHALA S/O GOVINDE GOWDA AGED ABOUT 69 YEARS 3RD CROSS, SATYA SAI LAYOUT KODIPALYA, KENGERI BENGALURU - 560 060.

35. SMT. C. PARVATHI MANDANNA W/O C.B. MANDANNA AGED ABOUT 69 YEARS MYTHADI VILLAGE AND POST VIRAJPETE, KODAGU - 571 218. ...RESPONDENTS

(BY SMT. VANI H, A.G.A)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE FINAL ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.8624/2020 09 FEBRUARY 2021 PRODUCED AS AND SET ASIDE THE ORDER PASSED BY RESPONDENT NO.2 DATED 18 MARCH 2019 PRODUCED AS ANNEXURE-A AND ETC.

THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:

JUDGMENT

This intra court appeal has been filed against the

order dated 09.02.2021 passed by the learned Single

Judge, by which, the writ petition preferred by the

appellant has been dismissed.

2. Facts leading to the filing of this appeal briefly

stated are, that respondent nos.3 to 35 were the

employees of the appellant viz., Karnataka Power

Corporation Limited (for short, 'the Corporation'). The

aforesaid employees attained the age of superannuation

on various dates. On superannuation, an amount of Rs.6

lakhs each was paid to respondent nos.3 to 35, and

thereupon, respondent nos.3 to 35 approached the

Controlling Authority under the Payment of Gratuity Act,

1972 (for short, 'the Act') by filing applications claiming

the amount of gratuity on the ground that the amount of

gratuity was not paid to them in full. The Controlling

Authority, after hearing the parties, by an order dated

18.03.2019 determined the amount of gratuity payable

to respondent nos.3 to 35 at Rs.10 lakhs and directed the

appellant to pay the balance amount.

3. Admittedly, against the aforesaid order, the

appellant had the remedy of filing an appeal under

Section 7(7) of the Act. However, the appellant did not

avail of the alternative remedy and after a period of one

year three months, filed a petition under Article 226 of

the Constitution of India. It is pertinent to note that even

in the writ petition, the appellant did not explain the

circumstances under which the appellant was not able to

avail of the alternative remedy of filing an appeal.

4. Presumably, the appellant did not file an appeal

because the appellant would have been required to

deposit the entire amount of gratuity which was payable

to respondent nos.3 to 35.

5. The learned Single Judge, by the impugned

order, has declined to entertain the writ petition on the

ground that the appellant has failed to avail of the

alternative remedy. It is trite law that the extraordinary

jurisdiction of this Court under Article 226 of the

Constitution of India cannot be exercised in favour of an

indolent litigant. The learned Single Judge has, therefore,

rightly declined to entertain the writ petition.

6. For the aforementioned reasons, we do not find

any ground to interfere with the order passed by the

learned Single Judge. In the result, the appeal fails and

the same is dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

KK