[Cites 5, Cited by 0]
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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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
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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
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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
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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
