Government petitioners challenged a Controlling Authority order directing payment of gratuity to a former employee. The respondent died during the proceedings, and the court held the claim would not survive and that the petition was also impermissible without exhausting the statutory appellate route.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.38944 OF 2014 (L-RES)
BETWEEN:
(BY SMT. RASHMI RAO, HCGP)
AND:
Digitally signed by SHYAMALA Location: HIGH COURT OF KARNATAKA
(BY SRI SANTHOSH R. NELKUDRI, ADVOCATE FOR R-1; R-2 SERVED, BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE JUDGMENT ORDER DATED 31.07.2013 VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
It is brought to the notice of this Court by the learned counsel for the respondent that the sole respondent has died. The petitioner has called in question the order passed by the Controlling Authority at Annexure – A, wherein the petitioner was directed to pay gratuity amount of Rs.79,346/-.
present claim of the petitioner would not survive and the petition is rendered infructuous.
Sd/(K.S. HEMALEKHA) JUDGE
List No.: 1 Sl No.: 27/s
2 issues framed by the court
Whether the writ petition against the Controlling Authority's gratuity award survives after the sole respondent's death
Whether the writ petition is maintainable without first approaching the appellate authority under Section 7 of the Payment of Gratuity Act
3 provisions across 2 enactments
The Government of Karnataka, rep. by the Secretary, Dept. of Animal Husbandry and Fisheries
The Veterinary Doctor Veterinary Hospital, Palahalli, Srirangapatna Taluk, Mandya District
Smt. Madevi W/o Sri Siddaiah
The Assistant Labour Commissioner and Controlling Authority under the Payment of Gratuity Act, Mysore Division, Mysore
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
