Karnataka Handloom Development Corporation Retired Employees Welfare Association (R) v. Union of India
Case brief
What is this about?
Gratuity ceiling enhancement to Rs.20,00,000/-; Payment of Gratuity Act, 1972; Amendment Act No.15 of 2010; Government of India notification dated 29.03.2018; State Government order dated 23.06.2018; Karnataka Handloom Development Corporation Ltd.; retired employees welfare association; financial incapacity/running under loss not a ground to deny vested gratuity right; arbitrariness; certiorari and mandamus under Articles 226 and 227; quashing of common reply dated 18.04.2022; direction to reconsider representation dated 10.06.2022 within one month; WP No. 12745 of 2022 (S-RES); NC: 2026:KHC:31001; High Court of Karnataka; Ashok S. Kinagi, J.
What did the court decide?
Writ petition allowed; impugned common reply dated 18.04.2022 (Annexure-K) quashed; respondent Nos.2 and 3 directed to re-consider the representation filed by petitioner No.1 dated 10.06.2022 (Annexure-E) and enhance the gratuity payable to employees of respondent No.3-Corporation upto the ceiling limit of Rs.20,00,000/- as per the Payment of Gratuity Act, 1972 by adopting the notification dated 29.03.2018, within one month from receipt of a certified copy of the order; pending IAs disposed of.