The Executive Engineer Vs the Asst Labour… — Writ and Judicial Review | Karnataka HC (2026)

The Executive Engineer Vs the Asst Labour… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No relief on merits; petitioners reserved liberty to file an application to revive the petition if the Apex Court answers the pending Special Leave Petition issue in their favour.

Issue for consideration

Whether the writ petition has become infructuous because the amount ordered to be paid has already been paid to and received by respondent No.8. +1 more

Court's answer

The Court disposed of the writ petition without adjudicating the challenge on merits, in the background that the gratuity amount ordered stands paid to respondent No.8 and the issue raised is pending before the Apex Court in a Special Leave Petition.

Ratio / Principle

If the issue raised in the petition, under consideration by the Apex Court in the pending Special Leave Petition, is answered in favour of the petitioners, they are at liberty to file an application to revive the petition.

Detailed headnote1 paragraphs

Oral Order dated 21.04.2026 of the High Court of Karnataka at Bengaluru (Anant Ramanath Hegde J) in Writ Petition No. 11967 of 2026 (L-PG). The Executive Engineer and the Assistant Executive Engineer, Cauvery Neeravari Nigama Limited (Hemavathi Canal Division/Sub-Division, Tumakuru), petitioned under Articles 226 and 227 of the Constitution of India calling for the records of Appeal No. SAKAABAN1/PGA(A)/CR-02/2025 (Asst. Labour Commissioner and Appellate Authority, Bangalore Division No.1) and Dispute No. KAAT/PGA/CR-11/2023-24 (Labour Commissioner and Controlling Authority under the Payment of Gratuity Act, Madhugiri Sub-Division), challenging the orders dated 19.12.2024 and 31.12.2025 passed under the Payment of Gratuity Act, 1972. Counsel for respondent No.8 (Sri Siddappa) submitted that the amount ordered to be paid had already been paid and received, rendering the petition infructuous; petitioners contended that, if allowed, they could pursue recovery under law, and noted that the issue raised is under consideration by the Apex Court in a pending Special Leave Petition. The Court disposed of the petition, observing that if the pending issue is answered in favour of the petitioners, they may file an application to revive the petition.

1 - NC: 2026:KHC:21787 WP No. 11967 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 11967 OF 2026 (L-PG)

BETWEEN:

THE EXECUTIVE ENGINEER, CAUVERY NEERAVARI NIGAMAR LIMITED, HEMAVATHI CANAL DIVISION, TUMAKURU - 572 101.

THE ASSISTANT EXECUTIVE ENGINEER, CAUVERY NEERAVARI NIGAMA LIMITED, NO.7, HEMAVATHY CANAL SUB-DIVISION, KUNIGAL ROAD, TUMAKURU - 572 130.

…PETITIONERS

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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

AND:

THE ASST. LABOUR COMMISSIONER AND APPELLATE AUTHORITY, BANGALORE DIVISION NO.1, BANGALORE - 560 001.

THE LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT,

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HC-KAR

MADHUGIRI SUB-DIVISION,

MADHUGIRI - 572 132.

THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, ANANDA RAO CIRCLE, BENGALURU - 560 001.

THE MANAGING DIRECTOR, CAUVERY NEERAVARI NIGAMA LIMITED, WATER RESOURCES CAMPUS, ANANDA ROA CIRCLE, BANGALORE - 560 001.

THE CHIEF ENGINEER, CAUVERY NEERAVARI NIGAMA LIMITED, HEMAVATHI CANAL ZONE, KUNIGAL ROAD, TUMAKURU - 572 101.

THE SUPERINTENDENT ENGINEER, CAUVERY NEERAVARI NIGAMA LIMITED, HEMAVATHI CANAL CIRCLE, TURUVEKERE, TUMKURU - 572 227.

SRI. SIDDAPPA, MAJOR, S/O. LATE CHIKKARANGAPPA, RESIDENT OF THATHA VILLAGE AND POST,

3 -

NC: 2026:KHC:21787 WP No. 11967 of 2026

HC-KAR

KORATEGERE TALUK, TUMAKURU DISTRICT - 572 129.

…RESPONDENTS

(BY SRI.RAJAKUMAR M., AGA FOR R1 TO R3; SRI.MAHESH M., ADVOCATE FOR SRI.K.GOVINDARAJ, ADVOCATE FOR R8; NOTICE TO R4 TO R7 IS DISPENSED WITH VIDE ORDER DATED 21.04.2026)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS ON THE FILE OF RESPONDENT NO.1, THE ASST. LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY, AT BANGALORE, IN RESPECT OF APPEAL NO. SAKAABAN1/PGA(A)/CR-02/2025, AND ON THE FILE OF THE RESPONDENT NO.2, THE LABOUR COMMISSIONER, PAYMENT OF GRATUITY, AT OF DISPUTE MADHUGIRI SUB-DIVISION, MADHUGIRI, IN RESPECT NO.KAAT/PGA/CR-11/2023-24 AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

Heard Sri.Bheemaiah K S, learned counsel for the petitioners, Sri. Rajkumar M, learned AGA for respondent Nos. 1 to 3 and Sri. K Govindaraj, learned counsel for respondent No.8.

4 - NC: 2026:KHC:21787 WP No. 11967 of 2026

HC-KAR

This petition is filed challenging the orders dated 19.12.2024 and 31.12.2025 by the Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972.

Learned counsel appearing for respondent No. 8 would submit that the amount ordered to be paid is already paid and the respondent No. 8 has received the amount, as such, the petition would become infructuous.

Learned counsel for petitioners would submit that, the petition does not become infructuous, if the petition is allowed, the petitioners are entitled to claim recovery under law.

It is further submitted that the issue raised in the present petition is under consideration by the Apex Court in the pending Special Leave Petition.

5 - NC: 2026:KHC:21787 WP No. 11967 of 2026

HC-KAR

In this background, the Court is of the view

that, in case the issue raised and under consideration by the Apex Court in the pending Special Leave Petition is answered in favour of the present petitioners, the present petitioners are at liberty to file the application to revive the present petition.

With the above observations, the petition is

disposed of .

Sd/(ANANT RAMANATH HEGDE) JUDGE

BSV List No.: 1 Sl No.: 37