Dismissed¶4

The Oxford Educational Institutions, v. Controlling Authority

Karnataka HC18 Nov 2025WP/9141/2025

Case brief

AI extract

What is this about?

W.P. No. 9141 of 2025 (L-PG), High Court of Karnataka, decided 18-11-2025 by Jyoti M, J. Keywords: Payment of Gratuity Act 1972; Section 8 show cause notice; Section 10(1) application; Controlling Authority order dated 16.08.2024; statutory appeal to Appellate Authority; alternate/remedy-exhaustion objection; recovery notice dated 31.01.2025 (Annexure-A) by Special Tahsildhar; gratuity difference claimed by employees (respondents 4-21) against employer educational society; writ petition rejected; no precedent cited.

What did the court decide?

A statutory appeal lies before the Appellate Authority against an order of the Controlling Authority; the petitioner having not availed that remedy, questioning the Controlling Authority's order under the guise of the recovery notice (Annexure-A) is impermissible. ¶4

The Oxford Educational Institutions, Vs… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:47348 WP No. 9141 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 9141 OF 2025 (L-PG)

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BETWEEN:

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THE OXFORD EDUCATIONAL INSTITUTIONS, CHILDREN'S EDUCATION SOCIETY (R), REPRESENTED BY IT'S AUTHORISED SIGNATORY, SHRI. RAGHAVAN B.D., SITE NO.40, 30^TH MAIN ROAD, JP NAGAR, 1^ST STAGE, BENGALURU - 560 078.

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…PETITIONER

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(BY SRI. S.BASAVARAJU, SENIOR ADVOCATE FOR SRI. UDAY SHANKAR M., ADVOCATE)

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AND:

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Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

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CONTROLLING AUTHORITY, DEPUTY COMMISSIONER, KARMIKA BHAVAN, DAIRY CIRCLE, BANNERGHATTA ROAD, BENGALURU - 560 029.

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SPECIAL TAHSILDHAR, BENGALURU SOUTH TALUKA, REVENUE BHAVAN, 1^ST FLOOR, K.G.ROAD, BENGALURU - 560 009.

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SUB- TAHSILDHAR, UTTARAHALLI NADAKACHERI, PANCHAYAT OFFICE COMPOUND, KRISHNA RAJENDRA RD, ADJACENT TO BANASHANKARI TEMPLE,

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2 - NC: 2025:KHC:47348 WP No. 9141 of 2025

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HC-KAR

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CHANDRA LAYOUT, UMARBAGH LAYOUT, BENGALURU-560070.

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DR. JAYARAMAIAH D., AGED MAJOR, S/O. LATE CHINNASWAMY, RESIDING AT NO. 109, 11^TH MAIN 'A' BLOCK, AECS LAYOUT, KUNDLU GATE, BENGALURU - 560 068.

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DR. SHOBHA T., AGED MAJOR, W/O. LOKESH T.N., R/AT NO. 31, VAASTU ENCLAVE ROAD, NEAR GOVT. SCHOOL, KUNDLU, BENGALURU - 560 068.

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DR. SENTHIL KUMAR R., AGED MAJOR, S/O. C.RAJENDRAN, R/AT NO. S 1, PRABHAVATHI PLASMA APTS, 28 RAMAIAH LAYOUT, 7^TH MAIN, 6^TH CROSS, G.B.PALYA, BENGALURU - 560 068.

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R. LEELA ROHINI, AGED MAJOR, W/O. R.RAJITH, R/AT NO. S 1, PRABHAVATHI PLASMA APTS, 28 RAMAIAH LAYOUT, 7^TH MAIN, 6^TH CROSS, G.B.PALYA, BENGALURU - 560 068.

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DR. AMARNATH K., AGED MAJOR, S/O. LATE K.M.KRISHNA RAO, R/AT NO. 78, 15^TH MAIN, NANJUNDESHWARA LAYOUT,

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3 - NC: 2025:KHC:47348 WP No. 9141 of 2025

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HC-KAR

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J.P. NAGAR, 5^TH PHASE,

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BENGALURU - 560 078.

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SANDEEP KUMAR K. CHAVAN, AGED MAJOR, S/O. KRISHNA RAO CHAVAN R/AT NO. 69, 7^TH CROSS, KRISHNA NAGAR, K.R.PURAM, BENGALURU - 560 036

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GOUSIA THAHNIYATH, AGED MAJOR, S/O. MAHAMMED SAMIULLAH, R/AT NO. 17/1, 2^ND CROSS, MADINA MASJID, MANGAMMANA PALYA CROSS BENGALURU - 560 068.

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DR. SHASHIDHAR M.S., AGED MAJOR, S/O. LATE M.SHANKARAPPA, R/AT NO. 69, LAXMI NAGAR, J.P.NAGAR, 7^TH PHASE, BENGALURU - 560 078.

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MR. M.MUNIYAPPA N., AGED MAJOR, S/O. NARAYANAPPA, R/AT NO. 185, MUTHUSANDRA VIA VARTHUR, BENGALURU - 560 087.

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MR. NAVEEN KUMAR K.S., AGED MAJOR, S/O. SIDDHALINGAIAH, R/AT NO. 23, 11^TH MAIN ROAD, BEHIND BESCOM OFFICE, KURUBARAHALLI, BENGALURU - 560 086.

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DR. BHARATH V.S., AGED MAJOR,

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4 - NC: 2025:KHC:47348 WP No. 9141 of 2025

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HC-KAR

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S/O. LATE V.K.SATYANARAYANA, R/AT NO. 388, LIG, 14^TH B CROSS, B-SECTOR, TELAHANKA NEW TOWN, BENGALURU - 560 064.

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DR. SOUMYA PADUKONE G., AGED MAJOR, W/O. RAMESH B., R/AT NO. 80, VARAPRADA SLV GARDENS, KAGGALIPURA, BENGALURU - 560 082.

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DR. SEEMA PATIL, AGED MAJOR, W/O. YOGESHWAR PATIL, R/AT NO. 214, MAHAVEERA SEASONS APTS., SOMASUNDARA PALYA, HSR LAYOUT, SECTOR 2, BENGALURU - 560 102.

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MRS. VANITHA KUMARI V., AGED MAJOR, D/O. VASU K, R/AT NO. 23-2-180/4, TERMINUS HOUSE, ONIKERE ROAD, NEAR JEPPU MARKET, MANGALORE - 575 001.

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DR. ASHWINI N, AGED MAJOR, W/O. K.N.LAKSHAMANA REDDY, R/AT NO. 140, CHIKKATHAYAPPA LAYOUT, CHELLIKERE KALYANA NAGARA, BENGALURU - 560 043.

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DR. C.V.RAJA REDDY, AGED MAJOR, S/O. P.C.CHINNAPPA REDDY, R/AT NO. 849, SLV NILAYA,

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5 - NC: 2025:KHC:47348 WP No. 9141 of 2025

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HC-KAR

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6^TH CROSS, THEATRE ROAD, MARATHAHALLI, BENGALURU - 560 037.

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DR. A CHRISPIN JIJI, AGED MAJOR, W/O. W.BRABIN, R/AT 8/9/6, 2^ND MAIN, 5^TH CROSS, MATHAJI NIVAS, HONGASANDRA, BENGALURU - 560 068.

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MR. RANGU P., AGED MAJOR, S/O. PUTTASWAMASHETTY, R/AT NO. 82, LOCO COLONY, YADAVGIRI, MYSORE - 570 020.

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…RESPONDENTS

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(BY SRI. RAJENDRA K.R., AGA FOR R1 TO R3; SRI. M.C.BASAVARAJU, ADVOCATE FOR R4 TO R21)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.S.Basavaraju., Senior counsel on behalf of Sri.Uday Shankar.M., for the petitioner, Sri.Rajendra., AGA for respondents 1 to 3 and Sri.M.C.Basavaraju., counsel for respondents 4 to 21 have appeared in person.

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The petitioner has questioned the notice dated 31.01.2025 issued by the second respondent vide Annexure-A

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NC: 2025:KHC:47348 WP No. 9141 of 2025

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HC-KAR

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on several grounds as set-out in the Memorandum of Writ Petition.

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Counsel for the respective parties urged several contentions.

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Sri.S.Basavaraju., Senior counsel urging several contentions drew the attention of the Court to Section 8 of the Payment of Gratuity Act, 1972 to contend that a reasonable opportunity by issuing a show cause notice as required under Section 8 of the Act ought to have given to the petitioner before proceeding to recovery the amount. He argued by saying that non issuance of the notice vitiates the impugned action.

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Heard the arguments and perused the Writ papers with care.

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Suffice it to note that respondents 4 to 21 filed an application under Section 10(1) of the Payment of Gratuity Act, 1972 before the Controlling Authority seeking difference in gratuity. The Controlling Authority vide order dated 16.08.2024 allowed the respective applications. It is noted that the

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7 - NC: 2025:KHC:47348 WP No. 9141 of 2025

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HC-KAR

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petitioner has grievance regarding the order of the Controlling Authority, however, it has not filed an appeal before the Appellate Authority. As there was no compliance of the order of the Controlling Authority, the Special Tahasildar has issued the notice. It appears the petitioner has grievance against the order of the Controlling Authority. The law is settled that as against the order of the Controlling Authority, a statutory appeal lies before the Appellate Authority. The petitioner has not availed the statutory remedy. Under the guise of AnnexureA, the petitioner is questioning the order of the Controlling Authority which is impermissible. I find no grounds to quash the notice. The Writ Petition is liable to be rejected and accordingly, it is rejected .

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Because of rejection of the Writ Petition, pending interlocutory applications, if any are disposed of and interim direction, if any stands discharged.

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Sd/(JYOTI M) JUDGE

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MRP List No.: 1 Sl No.: 33

The Oxford Educational Institutions, v. Controlling Authority

Case brief

What is this about?

What did the court decide?

The Oxford Educational Institutions, v. Controlling Authority

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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