Dismissed

Karnataka Power Corporation Limited v. Assistant Labour Commissioner and Appellate Officer

Karnataka HC10 Oct 2023WP/22414/2023

Case brief

AI extract

What is this about?

Karnataka High Court dismissed a writ petition seeking quashment of the Appellate Authority's order rejecting an appeal as time-barred for delay and laches under the Payment of Gratuity Act. The court found no grounds to interfere.

What did the court decide?

The writ petition seeking quashment of orders dated 20.05.2023 and 18.03.2019 under Section 4 and Section 6(3) of the Payment of Gratuity Act was dismissed.

Karnataka Power Corporation Limited Vs… — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC:36712 WP No. 22414 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.22414 OF 2023 (L-PG)

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BETWEEN:

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KARNATAKA POWER CORPORATION LIMITED, SHAKTI BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001, REPRESENTED BY GENERAL MANAGER (LAW), MR. D.R.KABADE. REGISTERED UNDER THE COMPANIES ACT 1956.

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…PETITIONER

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(BY SRI.PRADYUMNA. L.NARASIMHA., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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ASSISTANT LABOUR COMMISSIONER AND APPELLATE OFFICER, UNDER THE PAYMENT OF GRATUITY ACT 1972, DIVISION - 2, BANGALORE, 3F3W+2H2, MANJUNATHA NAGAR, BAGALAKUNTE, BENGALURU - 560 073.

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THE LABOUR OFFICER AND CONTROLLING OFFICER, UNDER THE PAYMENT OF GRATUITY ACT, 1972, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029.

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

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2 - NC: 2023:KHC:36712 WP No. 22414 of 2023

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SRI.MANJUNATH K.S. S/O LATE SEETHARAMIAH, AGED ABOUT 68 YEARS, R/AT NO.21, 15^TH FLOOR, 8^TH CROSS, CHUNCHUNGHATTA, KONHANAKUNTE, J.P.NAGAR, 7^TH PHASE, BENGALURU - 560 062.

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SRI. DEVIDAS GANESH BHAT S/O GANESH BHAT, AGED ABOUT 68 YEARS, R/AT NO.208, 1^ST CROSS, 8^TH MAIN, BHAVANI NAGAR, 2^ND PHASE, RAILWAY LAYOUT, MALLATHALLI, BENGALURU - 560 078, PRABHANAGAR, HONNAVARA - 581 334.

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SRI M.B.JAYARAM S/O M.BALAKRISHNA, AGED ABOUT 68 YEARS, R/AT NO.140, 5^TH CROSS, 15^TH PHASE, J.P. NAGAR, BENGALURU - 560 078.

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

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

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SRI. P.S.BALASUBRAMNAYAM N. S/O LATE SUBBARAMNYA SASTRY,

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3 - NC: 2023:KHC:36712 WP No. 22414 of 2023

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AGED ABOUT 69 YEARS, NO.385, 14^TH CROSS, 2^ND D MAIN, PURNAPRAGNYA NAGAR, UTTARAHALLI, BENGALURU - 560 061.

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

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

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

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

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

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4 - NC: 2023:KHC:36712 WP No. 22414 of 2023

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

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SRI. B.RAMAIAH S/O BODAPPA, AGED ABOUT 69 YEARS, NO.1024, 11^TH MAIN, 5^TH CROSS, HAMPINAGAR, VIJAYANAGAR, 2^ND STAGE, BENGALURU - 560 104.

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SRI. H.NARASIMHA S/O P.HOBALAIAH, AGED ABOUT 69 YEARS, P - 96, 8^TH MAIN, 12^TH SECTOR, HAL, 3^RD STAGE, JEEVANBHIMANAGAR, BENGALURU - 560 075.

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

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SRI. VENKATESH S.BIDI S/O SREENEVAS RAO, AGED ABOUT 69 YEARS, NO. 35, 2^ND MAIN, SECTOR - 2, VINOBNAGAR, BANNERUGHATTA MAIN ROAD, BENGALURU - 560 076.

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

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5 - NC: 2023:KHC:36712 WP No. 22414 of 2023

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

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SRI. IQBAL AHMED S/O M.D.IBRAHIM, AGED ABOUT 69 YEARS, NO 27, 10^TH CROSS, PIPELINE ROAD, VIJAYANAGAR, BENGALURU - 560 023.

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SRI. NARYAYANA.G S/O GANGAPPA, AGED ABOUT 69 YEARS, NO 85, 15^TH FLOOR, FOREST LAYOUT, R V COLLEGE POST MYSORE ROAD, BENGALURU - 560 059.

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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.

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

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SRI M.S.KULKARNI S/O SESHAGITI RAO, AGED ABOUT 68 YEARS, NO 21, 4^TH CROSS, 10^TH MAIN, PC LAYOUT, VIJAYANAGAR,

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6 - NC: 2023:KHC:36712 WP No. 22414 of 2023

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2^ND STAGE, HAMPINAGAR, BENGALURU - 560 104.

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

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SRI. VENKATARAMAN.S.NAIK S/O SHIVAPPA NAIK, AGED ABOUT 69 YEARS, NO.3B, NEAR ITI COLLEGE, KONNANKUNTE, BENGALURU - 560 040.

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SRI. S.R. SHRIDARMURTHY S/O LATE H.R.RAGHU, AGED ABOUT 64 YEARS, ANNAJI RAO LAYOUT, 15^TH CROSS, VINOBANAGAR, MUDAKERE, SHIVAMOGGA - 577 204.

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

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

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7 - NC: 2023:KHC:36712 WP No. 22414 of 2023

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

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

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

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SMT. C.PARVATHI MANDANNA W/O C.B.MANDANNA, AGED ABOUT 69 YEARS, MYTHADI VILLAGE AND POST, VIRAPET, KODAGU - 5710 218.

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…RESPONDENTS

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(BY SRI. M.SRINIVAS KUMAR., HCGP FOR R1 & R2; SRI. V.S.NAIK., ADVOCATE FOR R3 TO 35)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:36712 WP No. 22414 of 2023

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ORDER

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Sri.Pradyumna L.Narasimha., learned counsel for the petitioner, Sri.M.Srinivas Kumar., learned HCGP for respondents 1 & 2 and Sri.V.S.Naik., learned counsel for respondents 3 to 35 have appeared in person.

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Though the petition is listed today for orders regarding non-compliance of office objections, with the consent of learned counsel for the respective parties, it is heard finally.

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The captioned Writ Petition is filed seeking Writ of Certiorari to quash the Order dated:20.05.2023 passed by the first respondent vide Annexure-A and also to quash the Common order dated:18.03.2019 passed by the second respondent vide Annexure-B.

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Learned counsel for the petitioner and respondents have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.

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Suffice it to note that respondents 3 to 35 had filed an application before the Controlling Authority seeking difference in gratuity. The Controlling Authority vide order

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9 - NC: 2023:KHC:36712 WP No. 22414 of 2023

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dated:18.03.2019 allowed the application and directed the petitioner to pay the difference in gratuity. Aggrieved by the order of the Controlling Authority, the petitioner filed a Writ Petition in W.P.No.8624/2020 before this Court. This Court vide order dated:09.02.2021 dismissed the Writ Petition holding that the petitioner had not filed an appeal before the Appellate Authority. Aggrieved by the order in Writ Petition, the petitioner preferred Writ Appeal in W.A.No.588/2021. The Division Bench of this Court vide order dated:11.08.2022, dismissed the Writ Appeal. It is only thereafter, the petitioner chose to file an appeal before the Appellate Authority. The Appellate Authority extenso considered the matter, in particular about delay and laches and concluded that the appeal is filed beyond time and accordingly, dismissed the appeal filed by the petitioner.

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The order passed by the Appellate Authority is furnished in the Writ Petition and the same is at Annexure-A. I have perused the same with utmost care. A perusal of the same would reveal that the Appellate Authority extenso referred to the material on record and justified in concluding that the appeal filed by the petitioner is barred by time. I find no grounds to interfere with the order of the Appellate

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10 -

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NC: 2023:KHC:36712 WP No. 22414 of 2023

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Authority. The Writ Petition is devoid of merits. For the reasons stated above, the Writ Petition is liable to be dismissed.

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Accordingly, the Writ Petition is dismissed .

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Two weeks time is granted to counsel Sri.V.S.Naik., to file

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power on behalf of respondents 3 to 35.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 17

Karnataka Power Corporation Limited v. Assistant Labour Commissioner and Appellate Officer

Case brief

What is this about?

What did the court decide?

Karnataka Power Corporation Limited v. Assistant Labour Commissioner and Appellate Officer

Case brief

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What did the court decide?

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