Disposed

Dr Shobha M v. Vs the State of Karnataka

Karnataka HC2 Mar 2023WP/5317/2022

Case brief

AI extract

What is this about?

Petitioners sought direction under Articles 226 and 227 to compel the Deputy Commissioner and Tahsildar to recover gratuity amounts determined by the Labour Officer for the petitioners from the management of Sri Siddhartha Medical College. In the absence of recovery action, the court disposed of the petitions with directions.

What did the court decide?

Respondents 3 and 4 to recover gratuity from Respondent 2 within eight weeks per representation dated 26.08.2021.

Dr Shobha M v Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 5317 of 2022 C/W WP No. 5315 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 5317 OF 2022 (L-PF)

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C/W

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WRIT PETITION NO. 5315 OF 2022 (L-PG)

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IN W.P. NO.5317/2022

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BETWEEN:

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DR SHOBHA M V, W/O DR SRINIVASA REDDY P, AGED ABOUT 38 YEARS, R/AT: PALYA VILLAGE, CHALDIGANAHALLI POST, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 126.

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…PETITIONER

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(BY SRI. PRAKASH R B., ADVOCATE)

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Digitally signed by R HEMALATHA Location: High Court of Karnataka

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY.

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THE MANAGEMENT OF SRI SIDDHARTHA MEDICAL COLLEGE, AGALA KOTE, B H ROAD, TUMAKURU - 572 107.

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2 - WP No. 5317 of 2022 C/W WP No. 5315 of 2022

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THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU - 572 101.

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THE TAHSHILDAR, TUMAKURU TALUK, TUMAKURU - 572 101.

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THE LABOUR OFFICER, TUMAKURU DISTRICT, TUMAKURU - 572 101.

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…RESPONDENTS

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(BY SRI. BHOJEGOWDA T KOLLER, AGA FOR R1, R3-R5; SRI. CHANDRAKANTH.R.GOULAY, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 AND 4 TO TAKE IMMEDIATE ACTION AGAINST THE R2 INSTITUTION AS PER THE REMIND LETTER / REPRESENTATION DATED 26.08.2021 WHICH IS PRODUCED AS ANNEXURE-A AND ETC.

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IN W.P. NO.5315/2022

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BETWEEN:

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DR SRINIVASA REDDY P, PROFESSOR, AGED ABOUT 44 YEARS, R/AT: PALYA VILLAGE, CHALDIGANAHALLI POST, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 126.

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…PETITIONER

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(BY SRI. PRAKASH R B, ADVOCATE)

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3 - WP No. 5317 of 2022 C/W WP No. 5315 of 2022

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY.

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THE MANAGEMENT OF SRI, SIDDHARTHA MEDICAL COLLEGE, AGALA KOTE, B H ROAD, TUMAKURU - 572 107. REPRESENTED BY, VICE CHANCELLOR.

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THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU - 572 101.

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THE TAHSHILDAR, TUMAKURU TALUK, TUMAKURU - 572 101.

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THE LABOUR OFFICER, TUMAKURU DISTRICT, TUMAKURU - 572 101.

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…RESPONDENTS

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(BY SRI. BHOJEGOWDA T KOLLER.,AGA FOR R1, R3-R5; SRI. CHANDRAKANTH.R.GOULAY, ADVOCATE FOR R2)

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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4 - WP No. 5317 of 2022 C/W WP No. 5315 of 2022

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ORDER

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The gratuity amount payable to the petitioner having not been determined by the respondent No.2-Management, the petitioner filed an application under Section 7(4) of the Payment of Gratuity Act, 1972 before the Labour Officer concerned. The Labour Officer concerned passed an order determining the gratuity payable to the petitioner in W.P.No.5317/2022 at Rs.2,30,769/- with interest at the rate of 10% from 12.02.2016 till realization and Rs.5,65,385/- to the petitioner in W.P.No.5315/2022 with interest at the rate of 10% from 13.01.2016 till the date of deposit.

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Respondent No.2-Management having failed to

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pay the gratuity amount determined, the petitioners filed applications under Section 8 of the Payment of Gratuity Act, 1972 to issue recovery certificate. The Labour Officer concerned issued recovery certificate dated 19.06.2020. The Deputy Commissioner in turn issued a communication dated 04.07.2020 to the Tahsildar concerned to take appropriate action for recovering the amount from respondent No.2Management as arrears of land revenue. Respondent Nos.3

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5 - WP No. 5317 of 2022 C/W WP No. 5315 of 2022

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and 4 have not taken any steps to recover amount. Hence, these petitions.

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3. Learned AGA on instructions submits that steps

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will be taken to recover gratuity amount due to the petitioners in these petitions, if reasonable time is granted.

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His submission is placed on record.

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Accordingly, the petitions are disposed of,

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directing respondent Nos.3 and 4 to take steps to recover the gratuity amount due to the petitioners from the respondent No.2-Management, in the light of the representation dated 26.08.2021 submitted by the petitioners in these petitions at Annexure-A within a period of eight weeks from the date of receipt of copy of this order.

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Sd/JUDGE

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SMJ

Dr Shobha M v. Vs the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr Shobha M v. Vs the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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