Disposed

Assistant Executive Engineer v. the Deputy Labour Commissioner

Karnataka HC10 Sept 2024WP/40244/2014

Case brief

AI extract

What is this about?

CNNL petitioners challenged orders directing payment of gratuity counting pre-regularization service. Since the issue is pending before the Apex Court, the High Court disposed of the petitions: disbursed-amount petitions became infructuous with liberty if SLP succeeds; deposited amounts to be kept in fixed deposit with interest released to claimants or legal heirs.

What the court decided

AI extract

Assistant Executive Engineer Vs the Deputy… — Labour and Industrial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 40244 OF 2014 (L-PG) C/W

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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WRIT PETITION NO. 33613/2012 (L-PG)

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C/W 15443/ 2013 (S-R) C/W 40241/2014 (L-PG)

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C/W 40242/2014 (L-PG) C/W 40243/2014 (L-PG)

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C/W 40246/2014 (L-TER) C/W 40247/2014 (L-PG) C/W 49458/2014 (L-PG) C/W 49461/2014 (L-PG) C/W 49462/2014 (L-PG) C/W 6670/2015 (L-PG) C/W 6671/2015 (L-PG) C/W 6716/2015 (L-PG) C/W 6717/2015 (L-PG) C/W 6718/2015 (L-PG)

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C/W 6720/2015 (L-PG) C/W 6721/2015 (L-RES) C/W 6722/2015 (L-PG) C/W 6723/2015 (L-PG) C/W 6726/2015 (L-PG) C/W 6727/2015 (L-PG) C/W 6729/2015 (L-PG)C/W 6732/2015 (L-PG)

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C/W 6733/2015 (L-PG) C/W 6734/2015 (L-PG) C/W 6736/2015 (L-PG) C/W 6739/2015 (L-PG) C/W 6741/2015 (L-PG) C/W 6742/2015 (L-PG) C/W 6743/2015 (L-PG) C/W 6744/2015 (L-PG) C/W 6745/2015 (L-PG) C/W 6746/2015 (L-PG) C/W 6748/2015 (L-PG) C/W 6790/2015 (L-PG) C/W 7085/2015 (L-PG) C/W 7086/2015 (L-PG) C/W 7087/2015 (L-PG) C/W 7088/2015 (L-PG) C/W 7089/2015 (L-PG) C/W 8090/2015 (L-PG)

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2 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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C/W 8091/2015 (L-PG) C/W 8093/2015 (L-PG) C/W 25519/2015 (L-PG) C/W 25520/2015 (L-PG) C/W 28504/2015 (L-PG) C/W 19679/2016 (L-PG) C/W 19680/2016 (L-RES) C/W 43823/2016 (L-PG)

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IN WP No. 40244/2014

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BETWEEN:

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ASSISTANT EXECUTIVE ENGINEER NO.03, HLBC DIVISION, CNNL, K.R.PETITIONER, MANDYA DISTRICT - 571 401.

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MANGING DIRECTOR, CNNL CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE - 570 001.

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…PETITIONERS

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(BY SRI. K S BHEEMAIAH, ADVOCATE)

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AND:

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THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY LABOUR COMMISSIONER BUILDING, BANNERGATTA ROAD, BANGALORE-560 029.

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ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE - 570001.

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SMT. MANJULA, C/O.RENUKARADYA, MAJOR,

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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R/AT BANDIHOLE VILLAGE, K.R PET TALUK, MANDYA DISTRICT - 571401

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…RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKA/PGA/CR-98/2012-13 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/SR-269/2005-06.

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IN WP NO. 33613/2012 BETWEEN:

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EXECUTIVE ENGINEER C N N L, HARANGI CANAL DIVISION SALIGRAMA - 571 604 K R NAGAR TALUK.

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MANAGING DIRECTOR C N N L , CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

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...PETITIONERS

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(BY SRI. K S BHEEMAIAH, ADVOCATE)

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AND:

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THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, BANGALORE 560 001

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ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE 571 301

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4 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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3. SMT. BEBI JAN MAJOR

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C/O LATE MOHAMED GOSE, SINCE DECEASED BY HER LRs

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3a) SULEMAN S/O LATE MOHAMED GOSE AGED AOBUT 42 YEARS.

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3b) ATAULLA S/O LATE MOHAMED GOSE AGED AOBUT 40 YEARS

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3c) AJEEULLA S/O LATE MOHAMED GOSE AGED AOBUT 38 YEARS

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3d) DASTHAGIRI S/O LATE MOHAMED GOSE AGED AOBUT 36 YEARS SINCE DECEASED BY HIS LRs

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3(d)(1) SMT. NASAREEN TAJ W/O LATE DASTHAGIRI AGED ABOUT 30 YEARS

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3(d)(2) IRFFAN

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S/O LATE DASTHAGIRI AGED ABOUT 5 YEAR RESPONDENT NO.3(D) (2) IS MINOR REPRESENTED BY HIS NATURAL GUARDIAN RESPONDENT NO.3(D) (1)-SMT. NASAREEN TAJ

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R/AT KATTEPURA VILLAGE AND POST KONANURU HOBLI, ARAKALGODU TALUK, HASSAN DISTRICT.

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3e) AYOOB S/O LATE MOHAMED GOSE AGED AOBUT 34 YEARS

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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3f) RAMEEZA D/O LATE MOHAMED GOSE AGED AOBUT 26 YEARS

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ALL ARE R/AT KATTEPURA VILLAGE AND POST KONANURU HOBLI ARAKALGODU TALUK HASSAN DISTRICT.

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...RESPONDENTS

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(BY SRI. MANJUNATH K, HCGP FOR R1 & R2;

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R3 SERVED & UNREPRESENTED

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R3(a) REP. BY LR’s R3(b), R3(c), R3(e) & R3(f) VIDE ORDER DATED 20.03.2014; VIDE ORDER DATED 10.09.2024 R3(d) REP. BY LR’s R3(d)(1) and R3(d)(2); R3(d)(2) IS MINOR REP. BY HIS NATURAL GUARDIAN R3(d)(1) )

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF 1^ST RESPONDENT, DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTORITY, BANGALORE IN RESPECT OF APPEAL VIDE ANNEXURE-D, AND ON THE FILE OF 2^ND RESPONDENT ASSISTANT LABOUR COMMISSIONER IN RESPECT OF ANNEXURE-C.

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IN WP NO. 15443/2013 BETWEEN:

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ASSISTANT EXECUTIVE ENGINEER CNNL, NO.4, HARANGI REHABILITATION SUB-DIVISION KUSHALANAGAR KODAGU DISTRICT - 571 234.

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MANAGING DIRECTOR C N N L CAUVERY BHAVAN COMPLEX

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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GOKULAM 4TH STAGE MYSORE - 571 107.

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...PETITIONERS

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(BY SRI. K. S. BHEEMAIAH, ADVOCATE)

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AND:

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THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY HASSAN-573201

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ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT CHIKAMAGALUR DIVISION CHIKAMANGALURU - 577 101.

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SRI. K T HUCHAPPA S/O LATE THAMMANA GOWDA DODDAKAMARALLI DODDAKAMARALLI POST PIRIYAPATNA TALUK MYSORE DISTRICT - 571 107.

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...RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R1, DEPUTY LABOUR COMMISSIONER & THE APPELLATE AUTHORITY. HASSAN IN RESPECT OF APPEAL NO.UKAH/PGA/SR-39/12-13 & ON THE FILE OF THE R2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/SR-74/10-11.

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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IN WP NO. 40241/2014 BETWEEN:

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ASSISTANT EXECUTIVE ENGINEER NO.28, HLBC SUB-DIVISION, CNNL. NAGAMANGALA TALUK, NAGAMANGALA, MANDYA DISTRICT.

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MANAGING DIRECTOR C.N.N.L. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

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...PETITIONERS

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(BY SRI. K S BHEEMAIAH, ADVOCATE)

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AND:

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THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, BANNERGHATTA ROAD BANGALORE-560 029.

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ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE - 570 001. 3. SRI. KONAGAPPA S/O LATE THIMAIAH, MAJOR, R/AT THUPPADAMADU VILALGE, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432 ...RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY & GRATUITY BANGALORE-02 IN RESPECT OF APPEAL NO.UKA/PGA/CR-

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8 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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33/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER & GRATUITY AUTHORITY MYSORE DIVISION MYSORE IN RESPECT OF NO.PGA/SR-29/2011-12.

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IN WP NO. 40242/2014 BETWEEN:

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ASSISTANT EXECUTIVE ENGINEER NO.10, HLBC SUB-DIVISION, CNNL, KIKKERE, K.R.PET TALUK, MANDYA DISTRICT-571423.

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MANGING DIRECTOR, CNNL CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

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...PETITIONERS

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(BY SRI. K S BHEEMAIAH, ADVOCATE)

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AND:

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THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, BANGALORE-560 029.

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ASST. LABOUT COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE - 570 001.

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SRI. K.H.HANUMATHA SHETTY, S/O LATE HANUMANTHA SHETTY, MAJOR, R/AT HOSABEEDI KIKKERE, K.R.PET TALUK, MANDYA DISTRICT - 571 401.

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...RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 AND ON THE FILE OF THE R-2. QUASH THE ORDER AT ANNEXURE-B DATED 24.11.2012 PASSED BY THE R-2 AND AT ANNEXURE-C DATED 5.4.2014 PASSED BY THE R-1. GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANNEXURE-B DATED 24.11.2012 PASSED BY THE R-2 AND ORDER AT ANNEXURE-C DATED 5.4.2014 PASSED BY THE R-1.

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IN WP NO. 40243/2014

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BETWEEN:

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ASSISTANT EXECUTIVE ENGINEER NO.10, HLBC SUB DIVISION, CNNL, KIKKERE, K.R.PET TALUK, MANDYA DISTRICT-571423.

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MANAGING DIRECTOR CNNL CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE - 570 001.

¶106

...PETITIONERS

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(BY SRI. K. S. BHEEMAIAH, ADVOCATE)

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AND:

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THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, LABOUR COMMISSIONER BUILDING BANNERGHATTA ROAD BANGALORE-560 029..

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ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570 001.

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10 -

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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SRI. K. KEMPEGOWDA, S/O KALEGOWDA, MAJOR, R/AT LAKSHMIPURA VILLAGE, K.R.PET TALUK, MANDYA DISTRICT-571 401.

¶114

...RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKA/PGA/CR-132/2012-13 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/SR-95/2010-11.

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IN WP NO. 40246/2014 BETWEEN:

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ASSISTANT EXECUTIVE ENGINEER CNNL, HEMAVATHI REHABILITATION SUB DIVISION, GORUR, HASSAN TALUK, HASSAN DISTRICT.

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MANAGING DIRECTOR, CNNL CAUVERY, BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

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...PETITIONERS

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(BY SRI. K S BHEEMAIAH, ADVOCATE)

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AND:

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THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, HASSAN-573201.

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

¶125

11 -

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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CHIKAMAGALUR DIVISION, CHIKAMANGALURU - 577 101.

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SRI. SHIVANANJAPPA, S/O.LATE BASAVEGOWDA, TEJURU GRAMA, KASABA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573215.

¶129

...RESPONDENTS

¶130

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY HASSAN IN RESPECT OF APPEAL NO.UKA/PGA/SR-16/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/SR-112/2009-10.

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IN WP NO. 40247/2014 BETWEEN:

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ASSISTANT EXECUTIVE ENGINEER NO.03, K.C.SUB-DIVISION, CNNL, HULLAHALLI, NANJANAGUDU TALUK, MYSORE DISTRICT.

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MANAGING DIRECTOR C.N.N.L. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

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...PETITIONERS

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(BY SRI. K S BHEEMAIAH., ADVOCATE)

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AND:

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THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY,

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12 -

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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BANGALORE LABOUR OFFICE BANNERGHATTA ROAD,

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BANGALORE - 560 029.

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ASST.LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE.

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SRI. M S THANDAVA MURTHY S/O LATE K.SHRIKANTAIAH, MAJOR, R/AT KAPILA LAYOUT, HULLAHALLI, NANJANAGUDU TALUK, MYSORE DISTRICT-570 001.

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...RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, IN RESPECT OF APPEAL NO. UKA/PGA/CR-129/ 2012-13 AND ON THE FILE OF R-2 IN RESPECT OF NO. PGA/SR-12/2010.

¶148

IN WP NO. 49458/2014 BETWEEN:

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ASSISTANT EXECUTIVE ENGINEER NO.01, KABINI CANAL SUB DIVISION CNNL, SARAGURU, H D KOTE TALUK MYSORE DISTRICT

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MANAGING DIRECTOR C.N.N.L CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶151

...PETITIONERS

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(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶153

13 -

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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AND:

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THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY KARMIKA BHAVAN, BANNERGATTA MAIN ROAD BANGALORE-560029

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ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT MYSORE DIVISION, MYSORE-572 001

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SMT. NANJAMMA W/O LATE DUNDAIAH MAJOR

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3(a). NAGAMMA D/O LATE DUNDAIAH MAJOR

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3(b). MAHADEVI D/O LATE DUNDAIAH MAJOR

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3(c). INDRAMMA D/O LATE DUNDIAH MAJOR

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3(d). MAHADEVA S/O LATE DUNDAIAH MAJOR

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3(e). PUTTAMMA D/O LATE DUNDAIAH MAJOR

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3(f). SUMA D/O LATE DUNDAIAH MAJOR

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14 -

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NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

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3(g). SWAMY D/O LATE DUNDAIAH MAJOR

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ALL ARE R/AT TALAKADU CAMP H D KOTE TALUK, MYSORE DISTRICT - 573 301.

¶169

...RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 IN RESPECT OF APPEAL NO. UKA-2/PGA/CR-218/ 2013-14 AND ON THE FILE OF THE R-2 IN RESPECT OF NO. PGA/CR - 57/2012-13.

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IN WP NO. 49461/2014 BETWEEN:

¶173

ASSISTANT EXECUTIVE ENGINEER NO.01, KABINI CANAL SUB DIVISION CNNL, SARAGURU, H D KOTE TALUK MYSORE DISTRICT

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MANAGING DIRECTOR C.N.N.L CAUVERY BHAVAN COMPLEX GOKULAM 4TH STAGE, MYSORE. BOTH ARE REPRESENTED BY AEE. CNNL

¶175

...PETITIONERS

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(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶177

AND:

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THE DEPUTY LABOUR COMMISSIONER & APPELLANT AUTHORITY BANGALORE-560029

¶179

ASST LABOUR COMMISSIONER AND CONTROLLING AUTHORITY

¶180

15 -

¶181

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶182

UNDER PAYMENT OF GRATUITY ACT MYSORE DIVISION, MYSORE

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SMT RUKMINIYAMMA W/O LATE VENKATASHETTY MAJOR

¶184

3(a) V. SUBBARAMA S/O LATE VENKATASHETTY MAJOR

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3(b) KATHYAYINI D/O LATE VENKATASHETTY MAJOR

¶186

3(c) S V ARUNAKSHI D/O LATE VENKATASHETTY MAJOR

¶187

ALL ARE R/AT TOGATAVEERA COLONY SARAGURU, H D KOTE TALUK MYSORE DISTRICT.

¶188

...RESPONDENTS

¶189

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2 R2 SERVED & UNREPRESENTED)

¶190

THIS WP IS FILED PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 IN RESPECT OF APPEAL NO. UKA-2/PGA/ CR-224/2013-14 AND ON THE FILE OF THE R-2 IN RESPECT OF NO. PGA /CR-51/2012-13.

¶191

IN WP NO. 49462/2014 BETWEEN:

¶192

ASSISTANT EXECUTIVE ENGINEER NO.04, K.C. SUB DIVISION, CNNL,KAMGERE, KOLLEGALA TALUK, CHAMARAJNAGAR DISTRICT-571 313.

¶193

MANAGING DIRECTOR CNNL CAUVERY

¶194

16 -

¶195

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶196

BHAVAN COMPLEX, GOKULAM 4TH STAGE MYSORE-570 001. BOTH ARE REPRESENTED BY AEE 07CNNL

¶197

...PETITIONERS

¶198

(BY SRI. K S BHEEMAIAH., ADVOCATE)

¶199

AND:

¶200

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, BANGALORE - 560 029.

¶201

ASST.LABOUT COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OFGRATUITY ACT, MYSORE DIVISION, MYSORE-570 001

¶202

SMT. LAKSHMAMMA, C/O LATE PUTTAMADU, MAJOR,

¶203

P. RAJASHEKAR, S/O LATE PUTTAMADA, MAJOR,

¶204

SMT. RAJAMMA D/O LATE PUTTAMADA, MAJOR, RESPONDENT NO.3 TO 5 ARE R/AT SARAGURU VILLAGE, KOLLEGALA TALUK, CHAMARAJNAGAR DISTRICT-571313

¶205

...RESPONDENTS

¶206

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3 & R5; R4 SERVED & UNREPRESENTED)

¶207

17 -

¶208

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶209

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APEAL NO.UKA-2/PGA/CR-34/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-49/2012-13.

¶210

IN WP NO. 6670/2015 BETWEEN:

¶211

ASSISTANT EXECUTIVE ENGINEER CNNL, SUB-DIVISION KABINI COLONY H D KOTE, MYSORE DISTRICT.

¶212

GENERAL MANAGER CAUVERY NEERAVARI NIGAM LTD CAUVERY BHAVAN COMPLEX GOKULAM 4TH STAGE, MYSORE

¶213

...PETITIONERS

¶214

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶215

AND:

¶216

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGHATTA MAIN ROAD BANGALORE - 560 029.

¶217

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION MYSORE - 570 001.

¶218

18 -

¶219

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶220

SMT RAMAMMA W/O LATE CHAMANAIKA

¶221

3(a). SMT. CHAMUNDI W/O CHAMANAIKA

¶222

3(b). B C MAHADEVA S/O LATE CHAMANAIKA

¶223

3(c). KUM. LAKSHMI S/O LATE CHAMANAIKA ALL ARE R/AT KABINI COLONY H D KOTE TALUK - 571 125

¶224

...RESPONDENTS

¶225

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. AVINASH R., ADVOCATE FOR R3)

¶226

¶227

IN WP NO. 6671/2015 BETWEEN:

¶228

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB-DIVISION, KABINI COLONY, H.D. KOTE TALUK, MYSORE DISTRICT - 571 116.

¶229

MANAGING DIRECTOR C.N.N.L. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶230

...PETITIONERS

¶231

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶232

AND:

¶233

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, REGION-II, "KARMIKA BHAVAN"

¶234

19 -

¶235

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶236

BANNERGHATTA MAIN ROAD, BANGALORE - 560 029.

¶237

ASST. LABOURT COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE - 570 001.

¶238

SRI. REHAMAN BIN MOHD KASIM S/O MOHAMMAD KASIM NO. 72, ANTHARASANTHE, H.D. KOTE TALUK, MYSORE DISTRICT - 571 125.

¶239

...RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶240

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 AND ON THE FILE OF THE R-2 QUASH THE ORDER AT ANNEXURE-A DATED 16.4.2013 PASSED BY THE R-2 AND AT ANNEXURE-B DATED 28.10.2014 PASSD BY THE R-1.

¶241

IN WP NO. 6716/2015 BETWEEN:

¶242

ASSISTANT EXECUTIVE ENGINEER CNNL, NEERAVARI NIGAMA LTD SUB-DIVISION, KABINI COLONY, H D KOTE, MYSORE DISTRICT- 571 125.

¶243

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD CAUVERY BHAVAN COMPLEX GOKULAM 4TH STAGE

¶244

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶245

20 -

¶246

MYSORE-570001. REPRESENTED BY ITS GENERAL MANAGER CNN LTD

¶247

...PETITIONERS

¶248

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶249

AND:

¶250

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II, KARMIKA BHAVAN BANNERGHATTA MAIN ROAD BANGALORE - 560 029.

¶251

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE - 570 001.

¶252

MR. NAGENDRA AGED ABOUT MAJOR S/O LATE M HULIGAPPA R/A NO.477, METAGANAHALLI POST KUSHALNAGAR, MYSORE - 570 016

¶253

...RESPONDENTS

¶254

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶255

¶256

21 -

¶257

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶258

IN WP NO. 6717/2015 BETWEEN:

¶259

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB DIVISION, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571116.

¶260

MANAGING DIRECTOR COUVERY NEERAVARI NIGAM LTD COUVERY BHAVAN COMPLEX, GOUKULAM 4TH STAGE, MYSORE-570001

¶261

REPRESENTED BY ITS GENERAL MANAGER CNN LTD

¶262

...PETITIONERS

¶263

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶264

AND:

¶265

THE DEPUTY LABOUR COMMISSIONER & APPELLANT AUTHORITY REGION-II, KARMIKA BHAVAN, BANNERGHATTA ROAD, BANGALORE-560029.

¶266

ASST LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶267

SRI. PARASHIVA MURTHY AGE MAJOR S/O LATE PUTTA SWAMAPPA, NO.360, MARIGUDI ROAD, HALANAHALLI, MYSORE-570021

¶268

...RESPONDENTS

¶269

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶270

22 -

¶271

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶272

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, AND ON THE FILE OF THE R-2 QUASH THE ORDER AT ANNEXURE -A DATED. 25.9.2013 PASSED BY THE R-2 AND AT ANNEXURE -B DATED. 23.10.2014 PASSED BY THE R-1. AND GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANNEXURE -A DATED. 25.9.2013 PASSED BY THE R-2 AND ORDER AT ANNEX-B DATED. 23.10.2014 PASSED BY THE R-1.

¶273

IN WP NO. 6718/2015 BETWEEN:

¶274

ASSISTANT EXECUTIVE ENGINEER No.65, HLBC SUB DIVISION, CNNL, PANDAVAPURA TALUK MANDYA DISTRICT - 571 434.

¶275

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD CAUVERY BHAVAN COMPLEX, GOUKULAM 4TH STAGE, MYSORE - 57001.

¶276

...PETITIONERS

¶277

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶278

AND:

¶279

THE DEPUTY LABOUR COMMISSIONER & APPELLANT AUTHORITY REGION-II, KARMIKA BHAVAN, BANNERGHATTA MAIN ROAD, BANGALORE-560029.

¶280

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶281

23 -

¶282

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶283

MR. SANNEGOWDA S/O LATE SIDDEGOWDA, HEMAVATHI COLONY, PANDAVAPURA TALUK, MANDYA DISTRICT-571434

¶284

...RESPONDENTS

¶285

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶286

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND APELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKA-2/PGA/CR-81/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-108/2010-11.

¶287

IN WP NO. 6720/2015 BETWEEN:

¶288

ASSISTANT EXECUTIVE ENGINEER NO.35, HLBC SUB-DIVISION CNNL, DUDDA, MANDYA TALUK, MANDYA DISTRICT.

¶289

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001. REPRESENTED BY ITS GENERAL MANAGER FINANCE CNN LTD.,

¶290

...PETITIONERS

¶291

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶292

AND:

¶293

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, REGION-II, "KARMIKA BHAVAN" BANNERGATTA MAIN ROAD, BANGALORE-560029.

¶294

24 -

¶295

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶296

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶297

SRI. KEMPA SHETTY S/O SIDDASHETTY, BIDARAHALLI GRAMA, KABILESHWARA COLONY, H.D.KOTE TALUK, MYSORE DISTRICT-571 114.

¶298

3(a) SMT. PUTTASIDDAMMA MAJOR W/O KEMPASHETTY

¶299

3(b) SRI. SHIVA SHANKAR MAJOR S/O KEMPASHETTY BIDARAHALLI GRAMA KABILESHWARA COLONY H D KOTE TALUK MYSORE DISTRICT 571 114.

¶300

...RESPONDENTS

¶301

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; V/O DATED 10.09.2024 R3 IS REPRESENTED BY R3(a) & R3(b))

¶302

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, AND ON THE FILE OF THE R-2 QUASH THE ORDER AT ANNEXURE-A DATED. 16.4.2013 PASSED BY THE R-2 AND AT ANNEXURE-B DATED.28.10.2014 PASSED BY THE R-1, GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANNEXURE-A DATED.16.4.2013 PASSED BY THE R-2 AND ORDER AT ANNEXURE-B DATED.28.10.2014 PASSED BY THE R- 1.

¶303

25 -

¶304

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶305

IN WP NO. 6721/2015 BETWEEN:

¶306

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB DIVISION, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571116

¶307

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001

¶308

...PETITIONERS

¶309

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶310

AND:

¶311

THE DEPUTY LABOUR COMMISSIONER & APPELLANT AUTHORITY REGION-II, KARMIKA BHAVAN, BANNERGHATTA MAIN ROAD, BANGALORE-560029

¶312

ASST LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OFGRATUITY ACT, MYSORE DIVISION, MYSORE - 570 001.

¶313

SMT. SHIVANANJAMMA W/O LATE SIDDEGOWDA,

¶314

3a. SHARADHA D/O LATE SIDDEGOWDA

¶315

3b. MANJUNATH S/O LATE SIDDEGOWDA, 3c. SIDDARAMU S/O LATE SIDDEGOWDA, R/AT KABINI COLONY,

¶316

26 -

¶317

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶318

H. D. KOTE TALUK, MYSORE DISTRICT-571114.

¶319

...RESPONDENTS

¶320

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶321

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 AND ON THE FILE OF THE R-2 QUASH THE ORDER AT ANNEXURE-A, DATED 16.4.2013 PASSED BY THE R-2 AND AT ANNEXURE-B DATED 28.10.2014 PASSED BY THE R-1 GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANNEXURE-A DATED 16.4.2013 PASSED BY THE R-2 AND ORDER AT ANNEXURE-B DATED 28.10.2014 PASSED BY THE R- 1.

¶322

IN WP NO. 6722/2015 BETWEEN:

¶323

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB-DIVISION KABINI COLONY H D KOTE, MYSORE DISTRICT.

¶324

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD CAUVERY BHAVAN COMPLEX GOKULAM 4TH STAGE MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER CNN LTD.,

¶325

...PETITIONERS

¶326

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶327

AND:

¶328

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGHATTA MAIN ROAD BANGALORE 560029

¶329

27 -

¶330

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶331

ASST LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE 570 001

¶332

SRI. Y. P. THAMMAIAH S/O LATE PUTTASWAMY GOWDA NO.2, KABINI COLONY H D KOTE TALUK MYSORE DISTRICT - 571 114.

¶333

...RESPONDENTS

¶334

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶335

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKAB-2 /PGA/CR-140/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-24/2012-13.

¶336

IN WP NO. 6723/2015 BETWEEN:

¶337

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL, SUB-DIVISION, KABINI COLONY, H.D. KOTE, MYSORE DISTRICT-571116

¶338

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER CNN LTD

¶339

...PETITIONERS

¶340

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶341

28 -

¶342

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶343

AND:

¶344

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGHATTA MAIN ROAD, BANGALORE - 560 029.

¶345

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001. 3. SRI. CHIKKANNA S/O MALAGAIAH MAJOR K. BILLANOORU VILLAGE, H.D. KOTE TALUK MYSORE DISTRICT-571114 ...RESPONDENTS

¶346

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶347

THIS WP IS FILED PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER.

¶348

IN WP NO. 6726/2015 BETWEEN:

¶349

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB-DIVISION KABINI COLONY H D KOTE TALUK, MYSORE DISTRICT - 571 116.

¶350

29 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶351

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD CAUVERY BHAVAN COMPLEX GOKULAM 4TH STAGE MYSORE-571116

¶352

...PETITIONERS

¶353

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶354

AND:

¶355

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGHATTA MAIN ROAD BANGALORE 560029.

¶356

ASST LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION MYSORE 570 001

¶357

SMT. DUNDAMMA S/O MADEGOWDA KABINI COLONY H D KOTE TALUK MYSORE DISTRICT-571116

¶358

...RESPONDENTS

¶359

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶360

¶361

30 -

¶362

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶363

IN WP NO. 6727/2015 BETWEEN:

¶364

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB-DIVISION, KABINI COLONY, H.D. KOTE TALUK, MYSORE DISTRICT-571 116.

¶365

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶366

...PETITIONERS

¶367

(BY SRI. K. S. BHEEMAIAH, ADVOCATE)

¶368

AND:

¶369

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, REGION-II, "KARMIKA BHAVAN", BANNERGATTA MAIN ROAD, BANGALORE - 560 029.

¶370

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶371

SMT. JAMILABI W/O LATE KHUDDUS

¶372

3A. SYED HABIB S/O LATE KHUDDUS

¶373

3B. SYED NOORULLA S/O LATE KHUDDUS,

¶374

3C. SYED SALIM S/O LATE KHUDDUS

¶375

31 -

¶376

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶377

3D. SABINA D/O LATE KHUDDUS

¶378

ALL ARE RESIDING AT KABINI COLONY, H.D. KOTE TALUK, MYSORE DISTRICT-571 114.

¶379

...RESPONDENTS

¶380

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶381

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, AND ON THE FILE OF THE R-2 QUASH THE ORDER AT ANNEX-A DATED. 16.4.2013 PASSED BY THE R-2 AND AT ANNEX-B DATED.27.10.2014 PASSED BY THE R-1, GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANNEX-A DATED.16.4.2013 PASSED BY THE R-2 AND ORDER AT ANNEXB DATED.27.10.2014 PASSED BY THE R-1.

¶382

IN WP NO. 6729/2015 BETWEEN:

¶383

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB-DIVISION KABINI COLONY H.D. KOTE TALUK MYSORE DISTRICT-5711116

¶384

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶385

...PETITIONERS

¶386

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶387

32 -

¶388

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶389

AND:

¶390

THE DEPUTY LABOUR COMMISSIONER APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGHATTA MAIN ROAD, BANGALORE-560029

¶391

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶392

SRI. NINGANAYAKA S/O BHOGANAYAKA THUMBASOGE, H.D. KOTE TALUK, MYSORE DISTRICT-571125

¶393

...RESPONDENTS

¶394

(BY SRI. MANJUNATH K, HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶395

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, AND ON THE FILE OF THE R-2 QUASH THE ORDER AT ANN-A DATED 16.4.2013 PASSED BY THE R-2 AND AT ANN-B DATED 27.10.2014 PASSED BY THE R- 1, GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANN-A DATED 16.4.2013 PASSED BY THE R-2 AND ORDER AT ANN-B DATED 27.10.2014 PASSED BY R-1.

¶396

IN WP NO. 6732/2015 BETWEEN:

¶397

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB DIVISION, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571116

¶398

33 -

¶399

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶400

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD CAUVERY BHAVAN COMPLEX, GOUKULAM 4TH STAGE, MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER CNN LTD.

¶401

...PETITIONERS

¶402

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶403

AND:

¶404

THE DEPUTY LABOUR COMMISSIONER & APPELLANT AUTHORITY REGION-II, KARMIKA BHAVAN, BANNERGHATTA ROAD, BANGALORE-560029

¶405

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001. 3. SRI. PUTTAMADAPPA AGED ABOUT MAJOR S/O MADANAYAKA, NO.431, TALAKADU CAMP, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571125

¶406

...RESPONDENTS

¶407

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶408

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKAB-2 /PGA/CR-153/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-15/2012-13.

¶409

34 -

¶410

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶411

IN WP NO. 6733/2015 BETWEEN:

¶412

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB DIVSION, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571116

¶413

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD, CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER CNN LTD.,

¶414

...PETITIONERS

¶415

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶416

AND:

¶417

THE DEPUTY LABOUR COMMISSIONER & APPELLANT AUTHORITY REGION-II KARMIKA BHAVAN, BANNERGATTA MAIN ROAD, BANGALORE-560029

¶418

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶419

SMT. KEMPIRAMMA AGED ABOUT MAJOR W/O LATE MAHADEVA

¶420

3A. M. MADESHA AGED ABOUT MAJOR S/O LATE MAHADEVA,

¶421

35 -

¶422

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶423

3B. NANJUNDA NAYAKA AGED ABOUT MAJOR S/O LATE MAHADEVA,

¶424

3C. M MANJULA AGED ABOUT MAJOR D/O LATE MAHADEVA, TALAKADU CAMP, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571114

¶425

...RESPONDENTS

¶426

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶427

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, AND ON THE FILE OF THE R-2 QUASH THE ORDER AT ANNEX-A DATED. 16.4.2013 PASSED BY THE R-2 AND AT ANNEX-B DATED.28.10.2014 PASSED BY THE R-1, GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANNEX-A DATED.16.4.2013 PASSED BY THE R-2 AND ORDER AT ANNEXB DATED.28.10.2014 PASSED BY THE R-1.

¶428

IN WP NO. 6734/2015 BETWEEN:

¶429

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB-DIVISION, KABINI COLONY, H.D. KOTE TALUK, MYSORE DISTRICT-571 116.

¶430

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD., CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶431

...PETITIONERS

¶432

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶433

36 -

¶434

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶435

AND:

¶436

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, REGION-II, "KARMIKA BHAVAN", BANMNERGATTA MAIN ROAD, BANGALOR-560029.

¶437

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001. 3. SMT. ALUMELAMMA W/O LATE KUNNAIAH,

¶438

K. RAJU S/O LATE KUNNAIAH, BOTH R3 AND R4 ARE R/AT C KABINI COLONY, H.D. KOTE TALUK, MYSORE DISTRICT 571 114.

¶439

...RESPONDENTS

¶440

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R2 SERVED & UNREPRESENTED)

¶441

¶442

IN WP NO. 6736/2015 BETWEEN:

¶443

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB DIVISION, KABINI COLONY,

¶444

37 -

¶445

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶446

H D KOTE TALUK, MYSORE DISTRICT - 571116

¶447

MANAGING DIRECTOR COUVERY NEERAVARI NIGAM LTD COUVERY BHAVAN COMPLEX, GOUKULAM 4TH STAGE, MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER (FINANCE CNN LTD.)

¶448

...PETITIONERS

¶449

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶450

AND:

¶451

THE DEPUTY LABOUR COMMISSIONER & APPELLANT AUTHORITY REGION-II, KARMIKA BHAVAN, BANNERGHATTA ROAD, BANGALORE-560029

¶452

ASST LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OFGRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶453

SRI. JAVARA S/O KALEGOWDA, AGE MAJOR, NO.110, KABINI COLONY, H D KOTE TALUK, MYSORE, DISTRICT-571114

¶454

...RESPONDENTS

¶455

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶456

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, IN RESPECT OF APPEAL NO.UKAB-2/PGA/CR-141/2013-14 AND ON THE FILE OF THE R-

¶457

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶458

38 -

¶459

2, IN RESPECTOF NO.PGA/CR-14/2012-13. QUASH THE ORDER AT ANNX-A DT.16.4.2013 PASSED BY THE R-2, IN PGA/CR14/2012-13 AND AT ANNX-B DT.28.10.2014 PASSED BY THE R-1 IN APPEAL NO.UKAB-2/PGA/CR-141/2013-14.

¶460

IN WP NO. 6739/2015 BETWEEN:

¶461

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB DIVISION, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571116.

¶462

MANAGING DIRECTOR COUVERY NEERAVARI NIGAM LTD COUVERY BHAVAN COMPLEX, GOUKULAM 4TH STAGE, MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER CNN LTD., ...PETITIONERS

¶463

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶464

AND:

¶465

THE DEPUTY LABOUR COMMISSIONER & APPELLANT AUTHORITY REGION-II, KARMIKA BHAVAN, BANNERGHATTA ROAD, BANGALORE-560029

¶466

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OFGRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶467

SRI B ISHWARAPPA S/O B N NAGALINGAPPA, MAJOR NO.972, BEHIND VIJAYASHREE

¶468

39 -

¶469

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶470

KOLI FARM, HINAKAL, MYSORE DISTRICT-57001

¶471

...RESPONDENTS

¶472

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶473

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER. QUASH THE ORDER AT ANNEX-A DATED.16.4.2013 PASSED BY THE R-2 ASSISTANT LABOUR COMMISSIONER AND GRATUITY AUTHORITY, MYSORE DIVISION, MYSORE AND AT ANNEX-B DATED.28.10.2014 PASSED BY THE R-1, DEPUTY LABOUR COMMISSIONER AND THE APPEALLATE AUTHORITY.

¶474

IN WP NO. 6741/2015 BETWEEN:

¶475

ASSISTANT EXECUTIVE ENGINEER KABINI CANA SUB-DIVISION, KABINI COLONY, H.D. KOTE TALUK, MYSORE DISTRICT-571 116.

¶476

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER CNN LTD ...PETITIONERS

¶477

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶478

AND:

¶479

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY,

¶480

40 -

¶481

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶482

REGION-II, "KARMIKA BHAVAN" BANNERGATTA MAIN ROAD, BANGALORE-560029.

¶483

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶484

SMT. INDIRAMMA AGED ABOUT MAJOR W/O LATE REVANNA

¶485

3A. SMT. NAGARATHNA AGED ABOUT MAJOR D/O LATE REVANNA

¶486

3B. SMT. MANJULA AGED ABOUT MAJOR D/O LATE REVANNA

¶487

3C. SURESHA AGED ABOUT MAJOR S/O LATE REVANNA DODDARANGAIAH CAMP, KABINI COLONY, H.D. KOTE TALUK, MYSORE-571125

¶488

...RESPONDENTS

¶489

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶490

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKAB-2 /PGA/CR-157/2014-15 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-58/2012-13.

¶491

41 -

¶492

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶493

IN WP NO. 6742/2015 BETWEEN:

¶494

ASSISTANT EXECUTIVE ENGINEER CNNL, KABINI CANAL SUB-DIVISION H D KOTE, MYSORE DISTRICT

¶495

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD CAUVERY BHAVAN COMPLEX GOKULAM 4TH STAGE, MYSORE.

¶496

...PETITIONERS

¶497

(BY SRI. K S BHEEMAIAH., ADVOCATE)

¶498

AND:

¶499

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGHATTA MAIN ROAD BANGALORE 560029

¶500

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION MYSORE 570 001

¶501

SMT. SIDDAMMA AGED ABOUT MAJOR W/O GOPA NAIKA K BELTHUR, H D KOTE TALUK MYSORE DISTRICT

¶502

...RESPONDENTS

¶503

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶504

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF

¶505

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶506

42 -

¶507

APPEAL NO.UKAB-2/PGA/CR-158/2014-15 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-59/2012-13.

¶508

IN WP NO. 6743/2015 BETWEEN:

¶509

ASSISTANT EXECUTIVE ENGINEER CNNL, THARAKA SUB-DIVISION, KABINI COLONY, H.D. KOTE, MYSORE DISTRICT - 571 125.

¶510

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE- 570 001.

¶511

...PETITIONERS

¶512

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶513

AND:

¶514

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGATTA MAIN ROAD, BANGALORE-560029

¶515

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶516

SRI. THIMMEGOWDA S/O LATE KUNTEGOWDA MALARADA HUNDI GRAMA

¶517

43 -

¶518

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶519

H.D. KOTE TALUK MYSORE DISTRICT-571125

¶520

...RESPONDENTS

¶521

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶522

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 IN RESPECT OF APPEAL NO. UKAB-2/ PGA/CR-153/ 2014-15 AT ANNEXURE-B AND ON THE FILE OF THE R-2 IN RESPECT OF NO. PGA/CR-11/ 2012-13 AT ANNEXURE-A. QUASH THE ORDER AT ANN-A DATED 28.6.2013 PASSED BY THE R-2 AND AT ANN-B DATED 16.10.2014 PASSED BY THE R-1 AND THE APPELLATE AUTHORITY.

¶523

IN WP NO. 6744/2015 BETWEEN:

¶524

ASSISTANT EXECUTIVE ENGINEER CNNL, THARAKA CANAL SUB-DIVISION H D KOTE, MYSORE DISTRICT

¶525

MANAGING DIRECTOR C N N L CAUVERY BHAVAN COMPLEX GOKULAM 4TH STAGE MYSORE-570001. REPRESENTED BY ITS GENERAL MANAGER CNN LTD.

¶526

...PETITIONERS

¶527

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶528

AND:

¶529

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGATTA MAIN ROAD BANGALORE-560029

¶530

44 -

¶531

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶532

ASST LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT MYSORE DIVISION MYSORE-570001

¶533

SRI. PRABHU S/O LATE MUDDU RAMAIAH CHIKKANAHALLI VILLAGE H D KOTE TALUK MYSORE DISTRICT-571125.

¶534

...RESPONDENTS

¶535

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2)

¶536

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKAB-2/PGA/CR-156/2014-15 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF PGA/CR-12/2012-13.

¶537

IN WP NO. 6745/2015 BETWEEN:

¶538

ASSISTANT EXECUTIVE ENGINEER CNNL, THARAKA CANAL, SUB-DIVISION, KABINI COLONY, H.D. KOTE, MYSORE DISTRICT-571125

¶539

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001

¶540

...PETITIONERS

¶541

(BY SRI. K S BHEEMAIAH., ADVOCATE)

¶542

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶543

45 -

¶544

AND:

¶545

THE DEPUTY LABOUR COMMISSIONER APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGATTA MAIN ROAD, BANGALORE-560029

¶546

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶547

SRI. MARISWAMY GOWDA S/O NANJESH GOWDA MALARADA HUNDI GRAMA H.D. KOTE TALUK MYSORE DISTRICT-571125

¶548

...RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 & R2)

¶549

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPEALLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER.

¶550

IN WP NO. 6746/2015 BETWEEN:

¶551

ASSISTANT EXECUTIVE ENGINEER CNNL, THARAKA SUB-DIVISION KABINI COLONY H D KOTE, MYSORE DISTRICT-571125

¶552

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶553

46 -

¶554

MANAGING DIRECTOR CNNL CAUVERY BHAVAN COMPLEX GOKULAM 4TH STAGE MYSORE-570001

¶555

...PETITIONERS

¶556

(BY SRI. K S BHEEMAIAH., ADVOCATE)

¶557

AND:

¶558

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN BANNERGATTA MAIN ROAD BANGALORE 560029

¶559

ASST LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION MYSORE 570 001.

¶560

SRI. L R SOMAIAH AGED ABOUT MAJOR S/O LATE RAMAIAH NO.889, VISHWANATHA COLONY 9TH BLOCK, H D KOTE TALUK MYSORE DISTRICT-571125

¶561

...RESPONDENTS

¶562

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶563

¶564

47 -

¶565

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶566

IN WP NO. 6748/2015 BETWEEN:

¶567

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB-DIVISION, KABINI COLONY, H.D. KOTE, MYSORE DISTRICT

¶568

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-571116

¶569

...PETITIONERS

¶570

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶571

AND:

¶572

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II, KARMIKA BHAVAN BANNERGATTA MAIN ROAD, BANGALORE-560029

¶573

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-01

¶574

SMT. PUTTAGIRIJAMMA W/O LATE SHIVANNA

¶575

3a. MANGALA D/O LATE SHIVANNA

¶576

3b. BHAGYAMMA S/O LATE PUTTASWAMY DAUGHTER IN LAW OF SHIVANNA R/AT BICHANAHALLI VILLAGE

¶577

48 -

¶578

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶579

H.D. KOTE TALUK, MYSORE DISTRICT-571125

¶580

...RESPONDENTS

¶581

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2 R3(A) & (B) SERVED & UNREPRESENTED)

¶582

¶583

IN WP NO. 6790/2015

¶584

BETWEEN:

¶585

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB-DIVISION, KABINI COLONY, H.D. KOTE TALUK MYSORE DISTRICT-571116.

¶586

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001. REPRESENTED BY ITS GENERAL MANAGER CNN LTD.,

¶587

...PETITIONERS

¶588

(BY SRI. K S BHEEMAIAH., ADVOCATE)

¶589

AND:

¶590

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II KARMIKA BHAVAN

¶591

49 -

¶592

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶593

BANNERGHATTA MAIN ROAD, BANGALORE-560029

¶594

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶595

SRI. PUTTASWAMY GOWDA AGED ABOUT MAJOR S/O APPAJI GOWDA YAGGANUR COLONY H.D. KOTE TALUK MYSORE DISTRICT-571114

¶596

3(a) SMT. PUTTAMMA MAJOR W/O PUTTASWAMY GOWDA

¶597

3(b) SRI. MADEGOWDA MAJOR S/O LATE PUTTASWAMY GOWDA

¶598

3(c) SRI. RAME GOWDA MAJOR S/O PUTTASWAMY GOWDA

¶599

ALL ARE R/AT YAGGANUR COLONY H D KOTE TALUK MYSORE DISTRICT 571 114.

¶600

...RESPONDENTS

¶601

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2

¶602

V/O DATED 10.09.2024 R3 IS REPRESENTED BY R3(A) TO R3(C))

¶603

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, AND ON THE FILE OF THE R-2

¶604

50 -

¶605

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶606

QUASH THE ORDER AT ANNEX-A DATED. 16.4.2013 PASSED BY THE R-2 AND AT ANNEX-B DATED. 28.10.2014 PASSED BY THE R-1, GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANNEX-A DATED.16.4.2013 PASSED BY THE R-2 AND ORDER AT ANNEXB DATED.28.10.2014 PASSED BY THE R-1.

¶607

IN WP NO. 7085/2015

¶608

BETWEEN:

¶609

ASSISTANT EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAM LTD, NO.20, HEMAVATHI LEFT CANAL SUB DIVISION, K R PET TALUK, MANDYA DISTRICT.

¶610

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶611

...PETITIONERS

¶612

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶613

AND:

¶614

THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, REGION -II, KARMIKA BHAVAN, BANNERGATTA MAIN RAOD, BANGALORE-560 029.

¶615

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶616

51 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶617

SRI. S. SHIVALINGA, S/O LATE SIDDAIAH, NO.2724/10, WARD NO.22, MARUTHI BADAVANE, HUNASUR, MYSORE DISTRICT.

¶618

...RESPONDENTS

¶619

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶620

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKAB-2/PGA/CR-298/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-98/2012-13.

¶621

IN WP NO. 7086/2015

¶622

BETWEEN:

¶623

ASSISTANT EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAMA LTD. HRBC SUB DIVISION, HUNSUR TALUK, MYSORE DISTRICT.

¶624

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶625

...PETITIONERS

¶626

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶627

52 -

¶628

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶629

AND:

¶630

THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, REGION -II, KARMIKA BHAVAN, BANNERGATTA MAIN RAOD, BANGALORE-560 029.

¶631

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶632

SMT. LAKSHMAMMA, S/O RAJANAYAKA, MURURAMMA COLONY, KALKUNIKE, HUNSUR TALUK-571105 MYSORE DISTRICT.

¶633

...RESPONDENTS

¶634

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶635

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKAB-2/PGA/CR-313/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-95/2012-13.

¶636

IN WP NO. 7087/2015

¶637

BETWEEN:

¶638

ASSISTANT EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAMA LTD. HRBC SUB DIVISION,

¶639

53 -

¶640

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶641

HUNSUR TALUK, MYSORE DISTRICT-571105

¶642

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER CNN LTD.,

¶643

...PETITIONERS

¶644

(BY SRI. K S BHEEMAIAH., ADVOCATE)

¶645

AND:

¶646

THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, REGION -II, KARMIKA BHAVAN, BANNERGATTA MAIN RAOD, BANGALORE-560 029.

¶647

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶648

SRI ABDUL SHAKKUR S/O LATE KAREEM SAB, WARD NO.5, HRBC COLONY, KALKUNIKE, HUNSUR-571105.

¶649

...RESPONDENTS

¶650

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶651

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPEALLATE AUTHORITY BANGALORE IN RESPECT OF

¶652

54 -

¶653

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶654

APPEAL (ANNEX-B) AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER (ANNEX-A).

¶655

IN WP NO. 7088/2015 BETWEEN:

¶656

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB DIVISION, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571 116.

¶657

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001 REPRESENTED BY ITS GENERAL MANAGER CNN LTD.,

¶658

...PETITIONERS

¶659

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶660

AND:

¶661

THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, REGION -II, KARMIKA BHAVAN, BANNERGATTA MAIN RAOD, BANGALORE-560 029.

¶662

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶663

SRI. N. S. SHIVANNA, AGED ABOUT MAJOR S/O LATE CHENNASHETTY, HONNAMMAKATTE,

¶664

55 -

¶665

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶666

H D KOTE TALUK, MYSORE -571 114.

¶667

...RESPONDENTS

¶668

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶669

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKAB-2 /PGA/CR-146/2014-15 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-17/2012-13.

¶670

IN WP NO. 7089/2015 BETWEEN:

¶671

ASSISTANT EXECUTIVE ENGINEER KABINI CANAL SUB DIVISION, KABINI COLONY, H D KOTE TALUK, MYSORE DISTRICT-571 116.

¶672

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LTD. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001. REPRESENTED BY ITS GENERAL MANAGER CNN LTD., ...PETITIONERS

¶673

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶674

AND:

¶675

THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, REGION -II, KARMIKA BHAVAN, BANNERGATTA MAIN RAOD, BANGALORE-560 029.

¶676

56 -

¶677

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶678

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶679

SRI. RAJAPPA, S/O LATE NANJAIAH, MAJOR NO.447, TALAKADU CAMP, H D KOTE TALUK, MYSORE DISTRICT -571 114.

¶680

...RESPONDENTS

¶681

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶682

¶683

IN WP NO. 8090/2015 BETWEEN:

¶684

ASSISTANT EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAM LTD., NO.20, HEMAVATHI LEFT CANAL SUB-DIVISION, K.R PET TALUK, MANDYA DISTRICT.

¶685

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD CAUVERY BHAVAN COMPLEX,

¶686

GOKULAM 4TH STAGE, MYSORE.

¶687

...PETITIONERS

¶688

57 -

¶689

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶690

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶691

AND:

¶692

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II, "KARMIKA BHAVAN" BANNERGATTA MAIN ROAD, BANGALORE-560029.

¶693

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶694

SRI. K.T. RAJU S/O K.H. THAMMAIAH, KYARIGANAHALLI VILLAGE, CHOWDANAHALLI POST, KIKKERI HOBLI, K.R. PET TALUK, MANDYA DISTRICT.

¶695

...RESPONDENTS

¶696

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED BUT UNREPRESENTED)

¶697

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKAB-2 /PGA/CR-69/2014-15 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.PGA/CR-97/2012-13.

¶698

IN WP NO. 8091/2015 BETWEEN:

¶699

1. ASSISTANT EXECUTIVE ENGINEER

¶700

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶701

58 -

¶702

CAUVERY NEERAVARI NIGAM LTD., NO.20, HEMAVATHI LEFT CANAN SUB-DIVISION, K.R PET TALUK, MANDYA DISTRICT-571401

¶703

MANAGING DIRECTOR CAUVERY NEERAVARI NIGAMA LTD CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE,

¶704

MYSORE - 570 001. REPRESENTED BY ITS GENERAL MANAGER CNN LTD.,

¶705

...PETITIONERS

¶706

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶707

AND:

¶708

THE DEPUTY LABOUR COMMISSIONER APPELLATE AUTHORITY REGION-II, "KARMIKA BHAVAN" BANNERGATTA MAIN ROAD, BANGALORE-560029. 2. ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001. 3. MR. SRI. ANDANAIAH S/O SIDDAIAH, CHIKKAHOSAHALLI VILLAGE, KASABA HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571401 ...RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 & R2 SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶709

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE

¶710

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶711

59 -

¶712

RECORDS ON THE FILE OF R-1, AND ON THE FILE OF THE R-2 QUASH THE ORDER AT ANNEX-A DATED. 31.7.2013 PASSED BY THE R-2 AND AT ANNEX-B DATED.23.10.2014 PASSED BY THE R-1, GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER AT ANNEX-A DATED.31.7.2013 PASSED BY THE R-2 AND ORDER AT ANNEXB DATED.23.10.2014 PASSED BY THE R-1.

¶713

IN WP NO. 8093/2015

¶714

BETWEEN:

¶715

ASSISTANT EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAM LTD., NO.20, HEMAVATHI LEFT CANAL SUB-DIVISION, K.R PET TALUK, MANDYA DISTRICT.

¶716

CAUVERY NEERAVARI NIGAM LTD CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE. REPRESENTED BY ITS GENERAL MANAGER

¶717

...PETITIONERS

¶718

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶719

AND:

¶720

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY REGION-II, "KARMIKA BHAVAN" BANNERGATTA MAIN ROAD, BANGALORE-560029.

¶721

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶722

60 -

¶723

ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001.

¶724

SRI. SIDDAIAH S/O SIDDEGOWDA, MAJOR ISHWARA TEMPLE ROAD, K.R. PET, MANDYA DISTRICT.

¶725

...RESPONDENTS

¶726

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2)

¶727

¶728

IN WP NO. 25519/2015 BETWEEN:

¶729

ASSISTANT EXECUTIVE ENGINEER NO.01,K.C.SUB-DIVISION, SARAGURU, H.D. KOTE TALUK, MYSORE DISTRICT.

¶730

THE MANAGING DIRECTOR C.N.N.L. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶731

...PETITIONERS

¶732

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶733

AND:

¶734

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY BANGALORE-560 029.

¶735

61 -

¶736

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶737

THE ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UDER PAYMENT OF GRATUITY ACT MYSORE DIVISION, MYSORE-570001.

¶738

SRI. PUTTAPPA S/O LATE CHENNABASAPPA MAJOR, 3RD CROSS, GIRIDHARSHINI LAYOUT MYSORE-570001.

¶739

...RESPONDENTS

¶740

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2)

¶741

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, ON THE FILE OF THE R-2 QUASH THE ORDER AT ANN-A DATED 11.10.2013 PASSED BY THE R-2 AND AT ANN-B DATED 3.3.2015 PASSED BY THE R-1 GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE ORDER OF ANN-A DATED 11.10.2013 PASSED BY THE R-2 AND ORDER AT ANN-B ATED 3.3.2015 PASSED BY THE R-1.

¶742

IN WP NO. 25520/2015

¶743

BETWEEN:

¶744

ASSISTANT EXECUTIVE ENGINEER NO.01,K.C.SUB-DIVISION, SARAGURU, H.D. KOTE TALUK, MYSORE DISTRICT.

¶745

THE MANAGING DIRECTOR C.N.N.L. CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE,

¶746

62 -

¶747

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶748

MYSORE.

¶749

...PETITIONERS

¶750

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶751

AND:

¶752

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY BANGALORE-560 029.

¶753

THE ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UDER PAYMENT OF GRATUITY ACT MYSORE DIVISION, MYSORE-570001

¶754

SMT. HONNAMMA W/O LATE SIDDAIAH MAJOR TALAKADU CAMPUS BENAKAHALLI, H D KOTE TALUK MYSORE DISTRICT-570001

¶755

...RESPONDENTS

¶756

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2)

¶757

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKA-2/PGA/CR-288/2013-14 AND ON THE FILE OF THE R-2. QUASH THE ORDER AT ANNEX-A DATED.25.9.2013 PASSED BY THE R-2 VIDE ANNEX-B DATED.3.3.2015 PASSED BY THE R-1 AND THE APPELLATE AUTHORITY.

¶758

63 -

¶759

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶760

IN WP NO. 28504/2015

¶761

BETWEEN:

¶762

THE EXECUTIVE ENGINEER NO.2, HARANGI BALADANDE CANAL, HUNASUR MYSORE DISTRICT

¶763

THE MANAGING DIRECTOR C.N.N.L. CAUVERY BHAVAN COMPLEX,

¶764

GOKULAM 4TH STAGE, MYSORE

¶765

...PETITIONERS

¶766

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶767

AND:

¶768

THE DEPUTY LABOUR COMMISSIONER APPELLATE AUTHORITY, BANGALORE - 560029

¶769

THE ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE

¶770

SMT. CHIKKAMMA W/O LATE SHIVARAJA MAJOR

¶771

3a. SRI. H.S. BASAVARAJU S/O LATE SHIVARAJA

¶772

64 -

¶773

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶774

MAJOR

¶775

3b. SRI. JAYARAMU S/O LATE SHIVARAJA MAJOR

¶776

ALL ARE RESIDENT OF TALAKADU CAMPUS BENAKAHALLI, H.D. KOTE TALUK MYSORE DISTRICT-570001.

¶777

...RESPONDENTS

¶778

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2)

¶779

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKA-2/PGA/CR-284/2013-14 AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER AND GRATUITY AUTHORITY, MYSORE DIVISION, MYSORE IN PGA/CR-8/2012-13 AND AT ANNX-E DATED 03.03.2015, PASSED BY THE R-1 DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY IN APPEAL NO.UKA-2/PGA/CR284/2013-14.

¶780

IN WP NO. 19679/2016

¶781

BETWEEN:

¶782

1. THE ASST. EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAM LIMITED

¶783

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶784

65 -

¶785

NO 15, HEMAVATHI HEDADANDE CANAL SUB DIVISION, NAGAMANGALA MANDYA DISTRICT-571401

¶786

THE MANAGING DIRECTOR CAUVERY NEERAVARI NIGAM LIMITED CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE MYSORE-570001

¶787

...PETITIONERS

¶788

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶789

AND:

¶790

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, KARMIKA BHAVANA BANNERGATTA ROAD BANGALORE - 560029

¶791

THE ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT MYSORE DIVISION, MYSORE-570001

¶792

SMT. LAKSHMAMMA W/O LATE BOREGOWDA MAJOR

¶793

SRI. B S SIDDEGOWDA S/O LATE BOREGOWDA MAJOR

¶794

SRI. B S KUMARA S/O LATE BOREGOWDA MAJOR ALL ARE RESIDENT OF

¶795

66 -

¶796

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶797

RAGHURAMAPURA VILLAGE HONEKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571401.

¶798

...RESPONDENTS

¶799

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. N. SHESHADRI, ADVOCATE FOR R3)

¶800

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL AND ON THE FILE OF R-2 ASSISTANT LABOUR COMMISSIONER; QUASH THE ORDER AT ANNEX-A DATED 25.09.2013, PASSED BY R-2, ASST. LABOUR COMMISSIONER AND GRATUITY AUTHORITY, MYSORE DIVISION, MYSORE AT ANNE-B DATED 28.10.2014 PASSED BY R-1, DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY IN APPEAL.

¶801

IN WP NO.19680/2016

¶802

BETWEEN:

¶803

THE ASST. EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAM LIMITED NO.15, HEMAVATHI HEDADANE CANAL SUB DIVISION, NAGAMANGALA MANDYA DISTRICT-571401

¶804

THE GENERAL MANAGER FINANCE C.N.N.L. CAUVERY,

¶805

67 -

¶806

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶807

BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE-570001.

¶808

...PETITIONERS

¶809

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶810

AND:

¶811

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY BANGALORE -560029

¶812

THE ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001

¶813

SRI. SHANKARAPPA S/O NANJUNDEGOWDA MAJOR R/O SAMAKA HALLI HONAKERE HOBLI, BRHMADEVARA HALLI NAGAMANGALA TALUK MANDYA DISTRICT-571401.

¶814

...RESPONDENTS

¶815

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶816

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS ON THE FILE OF R-1 IN RESPECT OF APPEAL AND ON THE FILE OF THE RESPONDENT-2; QUASH THE ORDER AT ANNEX-A DATED 31.05.2014, PASSED BY R-2 AT ANNEX-B DATED 09.10.2015, PASSED BY R-1 IN APPEAL.

¶817

68 -

¶818

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶819

IN WP NO. 43823/2016

¶820

BETWEEN:

¶821

ASSISTANT EXECUTIVE ENGINEER NO.01, K.C.SUB-DIVISION, CNNL SARAGURU, H.D.KOTE TALUK, MYSORE DISTRICT 2. THE MANAGING DIRECTOR C.N.N.L CAUVERY BHAVAN COMPLEX, GOKULAM 4TH STAGE, MYSORE.

¶822

...PETITIONERS

¶823

(BY SRI. K S BHEEMAIAH, ADVOCATE)

¶824

AND:

¶825

THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY, BANNERGHATTA ROAD, BANGALORE-560029 2. THE ASST.LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, MYSORE DIVISION, MYSORE-570001. 3. SRI. GOPALARAJU S/O LATE JAVARANAYAKA MAJOR, R/AT NO.1391, VISHWANATHAIAH COLONY, H.D.KOTE TALUK, MYSORE-571125.

¶826

...RESPONDENTS

¶827

69 -

¶828

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶829

(BY SRI. MANJUNATH K., HCGP FOR R1 & R2; R3 SERVED & UNREPRESENTED)

¶830

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1, THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY BANGALORE IN RESPECT OF APPEAL NO.UKA-2/PGA/CR-152/2014-15 AND ON THE FILE OF THE R-2. QUASH THE ORDER AT ANNEX-A DATED.31.5.2014 PASSED BY THE R-2 VIDE ANNEX-B DATED.16.11.2015, PASSED BY THE R-1.

¶831

THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

¶832

ORAL ORDER

¶833

All these petitions are taken up together as common questions are involved.

¶834

In all these petitions, the petitioners-Assistant

¶835

Executive Engineer and the Managing Director, Cauveri Neeravari Nigama Limited are before this Court assailing

¶836

the legality and correctness of the Order passed by the Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972 (‘the Act’ for short) directing the petitioners to count the period prior to

¶837

70 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶838

regularization of the claimants and to pay the gratuity amount.

¶839

Sri Bheemaiah, learned counsel for the

¶840

petitioners submits that the question as to whether the period prior to regularization could be counted for the purpose of calculation of gratuity, is pending before the Apex Court in the case of Assistant Executive Engineer, CNNL Vs C.D. Srinivas Iyenger¹ (Srinivas Iyenger) .

¶841

In certain writ petitions, the workmen have been represented by the counsel and in certain petitions, they have been served and unrepresented.

¶842

Learned counsel for the respondents in WP No.40242/2014 has filed a memo stating that the gratuity amount has already been disbursed towards the daily wage period and the petition has become infructuous.

¶843

1 SLP (Civil) Diary No(s).9156/2023

¶844

71 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶845

Sri Bheemaiah, learned counsel for the

¶846

petitioners would submit that in identical matter, in the case of Assistant Executive Engineer and another Vs.

¶847

The Deputy Labour Commissioner and others² , the Co-Ordinate Bench of this Court has granted liberty to the petitioners to initiate appropriate action, if the judgment of the Apex Court is delivered in favour of the petitioners.

¶848

As the issue, as to whether the service rendered prior to regularization could be considered for

¶849

the purpose of calculation of gratuity, is pending before the Apex Court in the case of Srinivas Iyenger, the writ petition could be disposed of with the observations that, if the petitioners succeed in the petition before the Apex Court and the issue answered in their favour, it is open for the petitioners to initiate appropriate action, insofar as the claimants, who have withdrawn the amount or the amount of the gratuity for the said period has been disbursed to

¶850

the claimants.

¶851

2 W.P. No.43822/2016 D.D.26.02.2024

¶852

72 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶853

Sri Bheemaiah, learned counsel for the

¶854

petitioners submits that in several writ petitions, the petitioners have deposited the gratuity amount before the Controlling Authority and the same has not been disbursed / withdrawn by the claimants and would submit that the Co-Ordinate Bench of this Court, in the case of The Assistant Executive Engineer Vs. The Assistant Labour Commissioner and Others³ , has disposed of the writ petition and the operative portion of the order reads as under:

¶855

“(i) Petition is disposed of.

¶856

(ii) The amount deposited by the petitioner before the respondent No.2 shall be kept in the interest accruing account of any nationalized bank in the name of concerned controlling authority. The interest which may accrue on the said deposit be released in favour of the respondent No.4, periodically, on proper identification.

¶857

(iii) If in the event of petitioner succeeding in the matter before the Hon’ble Apex Court, petitioner be entitled for refund of the said amount. Needless to

¶858

3 W.P. No.11991/2023 D.D. 09.08.2024

¶859

73 -

¶860

NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶861

state if the petitioner is unsuccessful, respondent No.4 be paid the amount so deposited.”

¶862

Learned counsel for the petitioners submits that

¶863

the petitioners, who have not withdrawn the amount, such petitions could be disposed of in terms of the order of the

¶864

Co-Ordinate Bench of this Court in W.P.

¶865

No.11991/2013.

¶866

The submission of the petitioners appears to be

¶867

fair enough and the petition can be disposed of in terms of the order passed by the Co-Ordinate Bench of this Court in W.P. Nos.43822/2016 and 11991/2023 and this Court pass the following:

¶868

ORDER

¶869

i. The writ petitions are disposed of.

¶870

ii. In writ petitions in which the amount is

¶871

already disbursed / withdrawn by the claimant, the petitions would become infructuous and in the event, the petitioners succeed in the SLP (Civil) Diary No(s).9156/2023, the petitioners

¶872

74 - NC: 2024:KHC:37105 WP No. 40244 of 2014 C/W WP No. 33613 of 2012 WP No. 15443 of 2013 AND 47 OTHERS

¶873

are at liberty to initiate appropriate action, in

¶874

accordance with law.

¶875

iii. In writ petitions where the amount is in deposit before the Controlling Authority, the said amount to be kept in fixed deposit in any nationalized bank, in the name of the Controlling Authority and the interest thereon that may accrue to the said deposit, to be released in favour of the claimant – applicant, on proper identification.

¶876

iv. It is needless to observe that where the applicants have expired, the legal heirs of the applicant’s are entitled for the interest and the same to be released in favour of the legal heirs, on proper identification.

¶877

Sd/- (K.S. HEMALEKHA) JUDGE

¶878

AKV List No.: 1 Sl No.: 30 CT:SK

Assistant Executive Engineer v. the Deputy Labour Commissioner

Case brief

What is this about?

What the court decided

Assistant Executive Engineer v. the Deputy Labour Commissioner

Case brief

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