Petitioners secured gratuity recovery ordered as land revenue debt. Labour Commissioner quashed due to lack of enquiry on alleged land purchaser objections. He directed Authority to enquire and recover amount.
Quashing of impugned communication dated 04.02.2019; Direction to hold enquiry and implement previous order for recovery.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 23151 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 23151 OF 2019 (L-WC)
BETWEEN:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
WP No. 23151 of 2019
R5(a) TO (c)c ARE R/AT NO.79/2, 1ST MAIN, 4TH CROSS, INDIRA NAGAR, HARIHARA - 577 601.
HARIHARA TALUK, DHAVANAGERE - 577 601.
BOTH ARE R/AT HUCHENGAMMA TEMPLE, HALLADAKERE, HARIHARA, DAVANAGERE DISTRICT - 577 601.
WP No. 23151 of 2019
VIDYANAGAR, HARIHARA, DAVANAGERE DISTRICT - 577 601.
R/AT 2ND MAIN ROAD, 1ST CROSS, C BLOCK, VIDYANAGARA, HARIHARA, DAVANAGERE DISTRICT - 577 601.
(a) SMT. LAKSHMI TALLUR, W/O. LATE K. A. TALLUR, AGED ABOUT 55 YEARS, R/AT 2ND MAIN ROAD, 8TH CROSS, VIJAYANAGAR, HARIHARA, DAVANAGERE DISTRICT - 577 601.
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HARIHARA, DAVANAGERE DISTRICT - 577 601.
WP No. 23151 of 2019
R/AT OMKARA MUTT ROAD, KOTE, HARIHARA, DAVANAGERE DISTRICT - 577 601.
WP No. 23151 of 2019
…PETITIONERS
(BY SRI.K.RAVINDRANATH., ADVOCATE)
AND:
WP No. 23151 of 2019
OFFICERS/EMPLOYEES, GRATUITY FUND TRUST, MYSORE KIRLOSKAR STAFF COLONY, YANTRAPURA, HARIHARA, DAVANAGERE DISTRICT - 577 601.
…RESPONDENTS
(BY SRI.DEEPAK., ADVOCATE FOR R1; SRI.BHOJEGOWDA.T.KOLLER., AGA FOR R3 AND R4; R2-SERVED BUT UNREPRESENTED)
WP No. 23151 of 2019
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER QUASHING ORDER OF PASSED BY THE R-4 DATED.04.02.2019 VIDE ANNXURE-B. CONSEQUENTLY DIRECT THE R-3 OR THE GOVERNMENT TO RECOVER THE AMOUNT AND DISTRIBUTE TO THE PETITIONERS IN PURSUANCE OF THE ORDER PASSED ASST. LABOUR COMMISSIONER, IN CASE NO. ALCD/PJA/CR1247/2012-13 TO 1247 (G) 2012-13 (8 PETITIONER) 1247 (1)/2012-13 TO 1247 (W)/201213 (13 PETITIONER), 211/2013 TO 216/2013 (6 PETITIONERS) DATED.25.08.2014 VIDE ANNXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Respondent No.3 by order dated 25.08.2014 directed the first petitioner to pay gratuity to the petitioners herein as detailed in Annexure-D to the order with interest. The first respondent-Mysore Kirloskar Limited having not deposited the gratuity amount payable to the petitioners herein, the difference of gratuity amount was sought to be recovered as arrears of the land revenue. The fourth respondent issued the impugned communication stating that he is unable to execute the recovery certificate by recovering the gratuity amount due from the first respondent as arrears of the land revenue since, the purchasers of the lands belonging to the first respondent have objected. Hence, this petition.
WP No. 23151 of 2019
that the fourth respondent has stated that he is unable to recover the arrears of land revenue amounting to Rs.34,55,142/- on account of the objections made by the alleged purchasers of the land belonging to the first and second respondents and accordingly, he is unable to conduct the sale of the immoveable property belonging to the first and second respondents. The impugned communication does not indicate as to whether the lands belonging to the first respondent or the second respondent have been conveyed in favour of the third persons, and in the absence of any material that the lands belonging to the first and second respondent have been conveyed to the third party or rights have been created in favour of the third party, the impugned communication issued the third respondent only on the basis of the objections made by the alleged purchasers of the said land is not sustainable in law. The fourth respondent is obligated to hold an enquiry as to whether the lands belonging to the first and second respondent are available for attachment and sale for recovering the arrears of the land revenue. The third respondent having
WP No. 23151 of 2019
not conducted the said exercise, the impugned communication issued by the fourth respondent is not sustainable in law. Accordingly, I pass the following:
ORDER
ii. The impugned communication dated 04.02.2019 issued by the fourth respondent at Annexure-B is hereby quashed, and consequently, the fourth respondent is hereby directed to hold an enquiry and implement the order dated 25.08.2014 passed by the third respondent for recovering the gratuity amount due to the petitioners herein as arrears of land revenue.
iii. The said exercise shall be completed within a period
of three months from the date of receipt of certified copy of this order.
Sd/JUDGE
RKA
List No.: 1 Sl No.: 44
2 issues framed by the court
Whether the impugned communication declaring inability to recover gratuity arrears as land revenue debt due to objections by alleged land purchasers is sustainable in law.
Whether the fourth respondent was obligated to hold an enquiry regarding land conveyance before issuing such a communication.
1 provisions across 1 enactments
SRI. K. N. NAGARAJ
SRI. A. DHEERENDRA
L. DEVADAAS
SRI. A. RAGHAVENDRA
ASHA
MRS. SHABANA BANU
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
