Dismissed

The Managing Trustee v. Union of India

Karnataka HC1 Aug 2024WP/104291/2018

Case brief

AI extract

What is this about?

This is a Writ Petition challenging the constitutional validity of the Payment of Gratuity (Amendment) Act, 2009, and an order passed by the Deputy Labour Commissioner. The court dismissed the petition relying on the Apex Court decision in Independent Schools Federation vs Union of India. There were no other substantive grounds urged against the impugned order.

What the court decided

AI extract

The Managing Trustee Vs Union of India — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC-D:10826 WP No. 104291 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO. 104291 OF 2018 (L-PG)

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BETWEEN:

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THE MANAGING TRUSTEE,

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THE PEOPLE’S EDUCATION SOCIETY AND TRUST, DR. A.M. SHAIKH HOMEOPATHI

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MEDICAL COLLEGE,

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NEHRU NAGAR, BELAGAVI.

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THE SECRETARY,

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THE PEOPLE’S EDUCATION SOCIETY AND TRUST, DR. A.M. SHAIKH HOMEOPATHI MEDICAL COLLEGE, NEHRU NAGAR, BELAGAVI.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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THE PRINCIPAL, THE PEOPLE’S EDUCATION SOCIETY AND TRUST, DR. A.M. SHAIKH HOMEOPATHI MEDICAL COLLEGE, NEHRU NAGAR, BELAGAVI.

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…PETITIONERS

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(BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

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AND:

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UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYEMENT, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI – 110 001, BY ITS SECRETARY.

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NC: 2024:KHC-D:10826 WP No. 104291 of 2018

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DEPUTY LABOUR COMMISSIONER, AND APPELLATE AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, 1972 BELAGAVI DIVISION, BELAGAVI.

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THE CONTROLLING AUTHORITY APPOINTED UNDER PAYMENT OF GRATUITY ACT AND ASST. LABOUR COMMISSIONER, BELAGAVI.

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DR. C.N. TUGASHETTI, AGED ABOUT: 67 YEARS, OCC: RETIRED, R/O: H.NO.2312, HATTIHOLI GALI, SHAHAPUR, BELAGAVI.

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…RESPONDENTS (BY SRI MRUTYUNJAY TATA BANGI, ASG FOR R1; SMT. GEETA K.M., & PAWAR, ADVOCATE FOR R4; SRI P.N.HATTI, HCGP FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PAYMENT OF GRATUTITY (AMENDMENT) ACT, 2009 OF ACT NO.(47 OF 2009) DATED 31.12.2009 AS UNCONSTITUTIONAL INSOFAR AS GIVING RETROSPECTIVE EFFECT; ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 28.03.2018 PASSED BY THE 2^ND RESPONDENT IN APPEAL BEARING NO. � � �� WHICH IS PRODUCED AT ANNEXURE – E AND CONSEQUENTLY ALLOW THE SAME AND ETC.,

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

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3 - NC: 2024:KHC-D:10826 WP No. 104291 of 2018

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CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

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Writ petition is filed challenging constitutional validity of Amendment Act No.47/2009 to Payment of Gratuity Act and for consequential challenge to order passed by respondent no.2 at Annexure-E.

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In view of decision of Hon’ble Apex Court in case of Independent Schools’ Federation Vs Union of India reported in 2022 SCC OnLine 1113, challenge to constitutional validity of amending Act, would not survive for consideration.

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A perusal of grounds urged in writ petition indicates that except on ground of validity, there are no other grounds urged to substantiate challenge against order at Annexure-E. Consequently, no interference would be called for.

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Accordingly, writ petition stands dismissed.

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SD/(RAVI V.HOSMANI) JUDGE

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AM/-

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List No.: 1 Sl No.: 4

The Managing Trustee v. Union of India

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The Managing Trustee v. Union of India

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