Smt Lakshmi Vs the Secretary — Writ and Judicial Review | Karnataka HC (2026)

Smt Lakshmi Vs the Secretary — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Mandamus granted in substance: respondent No.3 (Deputy Commissioner, Bengaluru Urban District) directed to proceed in accordance with law to recover the gratuity from respondent No.5 if not yet paid, after issuing notice to respondent No.5 to ascertain payment, within thirty days; notice to respondent No.5 dispensed with, with liberty to respondent No.5 to seek modification if aggrieved.

Issue for consideration

Whether the Deputy Commissioner (respondent No.3) should be directed to consider and dispose of the petitioner's representations dated 13.01.2025 and 16.06.2025 (Annexures-J and K). +1 more

Ratio / Principle

Notice to respondent No.5 is dispensed with, as the direction sought is against respondent No.3 to proceed further in accordance with law.

Key takeaways

A direction is issued to the Deputy Commissioner/respondent No.3 to proceed further in accordance with law, in case gratuity is not yet paid, i.e., to effect recovery of the gratuity.ratio¶40
Before proceeding further, the Deputy Commissioner/respondent No.3 shall issue notice to respondent No.5 to ascertain whether the gratuity is paid or not, and shall complete this exercise within thirty days from the date of receipt of certified copy of the order.ratio¶45
Since the order is passed without issuing notice to respondent No.5, respondent No.5 is permitted to move for modification of this order, if aggrieved.

Detailed headnote1 paragraphs

Writ Petition No. 1504 of 2026 (L-PG), High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice Anant Ramanath Hegde), decided 09.02.2026: Smt. Lakshmi sought a writ of mandamus under Articles 226 and 227 of the Constitution of India directing the Deputy Commissioner, Bengaluru Urban District (respondent No.3) to consider and dispose of her representations dated 13.01.2025 and 16.06.2025 (Annexures-J and K) and consequently to direct recovery of gratuity of Rs. 68,654/- with interest at 10% per annum from 03.03.2013 from the Managing Director, M/s Fairy Food Products Private Limited (respondent No.5), in terms of the gratuity order passed by respondent No.4 (Labour Officer and Controlling Authority under the Payment of Gratuity Act) dated 22.01.2024 and the recovery certificate dated 22.08.2024 (Annexure-G); learned counsel submitted the gratuity order had attained finality. Notice to respondent No.5 was dispensed with. The Court directed respondent No.3 to proceed further in accordance with law in case gratuity is not yet paid, to first issue notice to respondent No.5 to ascertain whether gratuity is paid, and to complete the exercise within thirty days of receipt of certified copy of the order; respondent No.5 was permitted to seek modification if aggrieved. Petition disposed of.

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NC: 2026:KHC:7592 WP No. 1504 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 1504 OF 2026 (L-PG)

BETWEEN:

SMT. LAKSHMI AGED ABOUT 62 YEARS, W/O VENKATESH, R/AT NO.303, 2^ND CROSS, SINGANAYAKANAHALLI, YELAHANKA HOBLI AND TALUK, BENGALURU-560064

…PETITIONER

(BY SRI. SIDDESWARASWAMY S.B., ADVOCATE)

AND:

Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

THE SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001

THE SECRETARY, DEPARTMENT OF LABOUR VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001

THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 001.

THE LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT. SUB-DIVISION -04 KARMIKA BHAVAN,

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NC: 2026:KHC:7592 WP No. 1504 of 2026

HC-KAR

BANNERAGHATTA ROAD, BENGALURU-560 073

THE MANAGING DIRECTOR M/S FAIRY FOOD PRODUCTS PRIVATE LIMITED, NO.47, "EUREKA", 1/F, CHURCH STREET, BENGALURU-560 001

…RESPONDENTS

(BY SRI. M. RAJAKUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4;

VIDE ORDER DATED 09.02.2026, NOTICE TO RESPONDENT NO.5 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER AND DISPOSE OF THE REPRESENTATIONS DATED 13.01.2025 AND 16.06.2025, PRODUCED AT ANNEXURES-J AND K, AND CONSEQUENTLY DIRECT RECOVERY OF THE GRATUITY AMOUNT FROM THE RESPONDENT NO.5 IN TERMS OF THE ORDER PASSED BY THE RESPONDENT NO.4 DATED 22.01.2024 AND THE CERTIFICATE FOR RECOVERY OF GRATUITY DATED 22.08.2024, FOR A SUM OF RS. 68,654/- ALONG WITH INTEREST AT THE RATE OF 10% PER ANNUM FROM 03.03.2013 TILL THE DATE OF ACTUAL PAYMENT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

It is submitted that notice to respondent No.5 is not necessary as direction is sought against respondent No.3 to proceed further in accordance with law.

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NC: 2026:KHC:7592 WP No. 1504 of 2026

HC-KAR

Under these circumstances, notice to respondent No.5 is dispensed with.

This petition is filed seeking writ of mandamus, wherein the petitioner claims that her representations dated 13.01.2025 and 16.06.2025 are not considered by the Deputy Commissioner/respondent No.3 though the representations are filed in accordance with the Payment of Gratuity Act, 1972 and the applicable rules.

Learned counsel for the petitioner submits that the order relating to the payment of gratuity passed by the competent authority has attained finality and recovery certificate is also issued in terms of Annexure - G.

Since it is urged that gratuity amount is not paid,

the Deputy Commissioner/respondent No.3 has to proceed in accordance with law to recover the gratuity.

Under these circumstances, a direction is issued to the Deputy Commissioner/respondent No.3 to proceed further in accordance with law, in case gratuity is not yet paid. Before proceeding further, the Deputy Commissioner/respondent No.3

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NC: 2026:KHC:7592 WP No. 1504 of 2026

HC-KAR

shall issue notice to respondent No.5 to ascertain as to whether

the gratuity is paid or not. This exercise shall be completed within a period of thirty days from the date of receipt of certified copy of this order.

Since this order is passed without issuing notice to respondent No.5, respondent No.5 is permitted to move this petition for modification, if aggrieved.

Accordingly, this petition stands disposed of.

Sd/(ANANT RAMANATH HEGDE) JUDGE

PMR

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