Sri Sharana Seva vs Smt. D Elizabeth
2022 Latest Caselaw 3703 Kant

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH DAY OF MARCH 2022

                            PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                             AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

                W.A. No.913 OF 2021 (L-PF)
BETWEEN:

SRI. SHARANA SEVA
SAMAJA (R)
NO.94/3, I R BLOCK
RAJAJINAGAR, BENGALURU - 560 010
REP. BY SRI. SHIVALINGAIAH
SECRETARY OF THE APPELLANT ORGANIZATION.
                                             ... APPELLANT
(BY MR. RAJARAM T, ADV.,)

AND:

1.    SMT. D. ELIZABETH
      W/O LATE ARPUTHA RAJAN
      C/O SRI. A. ARTHURU
      AGED 68 YEARS
      R/AT NO.289
      3RD A CROSS, BASEMENT
      2ND BLOCK, 3RD STAGE
      BASAVESHWARANAGAR
      BENGALURU - 560 079.

2.    SMT. C. THULASI
      W/O SRI. M.K. MURALIDHAR
      AGED 63 YEARS
      R/AT 2258, 9TH MAIN
      E BLOCK, 2ND STAGE
      RAJAJINAGAR, BENGALURU - 560 010.
                                2



3.   SMT. R. RANI
     W/O SRI. THYAGARAJAN
     AGED 62 YEARS
     R/AT 62-A, 1ST CROSS
     SOMANNA GARDEN
     VIDYARANYAPURA
     BENGALURU - 560 072.

4.   SMT. D.R. SUGUNI
     W/O LATE KRISHNAN K
     C/O SRI. A. ARTHURU
     AGED 67 YEARS
     R/AT 473/1 GRACE COTTAGE
     2ND STAGE, 2ND MAIN, HAL
     ANNASANDRA PALYA POST
     BENGALURU - 560 017.

5.   SMT. AMALA MARY
     W/O LATE MARIYAPPA M
     AGED 62 YEARS
     R/AT NO.258, 3RD CROSS
     MARIYANNA PALYA
     ST. THOMAS TOWN POST
     BENGALURU - 560 084.

6.   THE COMMISSIONER
     KARMIKA BHAVANA
     BANNERGHATTA ROAD
     BENGALURU - 560 029.

7.   THE ASSISTANT LABOUR COMMISSIONER
     KARMIKA BHAVANA
     BANNERGHATTA ROAD
     BENGALURU - 560 029.

8.   THE LABOUR OFFICER - 1
     KARMIKA BHAVANA
     BANNERGHATTA ROAD
     BENGALURU - 560 029.

9.   THE PRINCIPAL SECRETARY
     MINISTRY OF LABOUR
     VIDHANA SOUDHA
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    VIDHANA VEEDHI
    BENGALURU - 560 001.

                                               ... RESPONDENTS
(BY MRS. VANI H, AGA)
                                 ---

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN
THE WRIT PETITION.

      THIS W.A. COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                           JUDGMENT

After arguing the matter for sometime and when a

query was put to the learned counsel for the petitioner as to

when a writ of mandamus can be issued to the appellate

authority, which is in contravention of the provisions

contained under Section 7(7) of the Payment of Gratuity Act,

1972, learned counsel for the petitioner submits that he has

filed a petition seeking review of the order dated 20.07.2021

passed by the learned Single Judge. He therefore, seeks

leave of this court to withdraw the appeal with liberty to

prosecute the review petition, which is pending before the

learned Single Judge.

Reluctantly, we permit the appellant to withdraw the

appeal with the aforesaid liberty.

Sd/-

JUDGE

Sd/-

JUDGE

SS