Sri Malyadri G Vs the Secretary — Company and Corporate | Karnataka HC (2026)

Sri Malyadri G Vs the Secretary — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Direction to respondent No.3 (Deputy Commissioner, Bengaluru Urban District) to proceed in accordance with law to recover the gratuity if not yet paid, after issuing notice to respondent Nos.5 and 6, completing the exercise within thirty days from receipt of certified copy of the order; respondent Nos.5 and 6 permitted to seek modification if aggrieved.

Issue for consideration

Whether respondent No.3 (Deputy Commissioner, Bengaluru Urban District) should be directed, by writ of mandamus, to consider and dispose of the petitioner's representation dated 26.09.2025 (Annexure-J) made under the Payment of Gratuity Act, 1972. +1 more

Ratio / Principle

A direction is issued to the Deputy Commissioner/respondent No.3 to proceed further in accordance with law to recover the gratuity, in case it is not yet paid.

Key takeaways

Before proceeding further, the Deputy Commissioner/respondent No.3 shall issue notice to respondent Nos.5 and 6 to ascertain whether the gratuity is paid or not, and the exercise shall be completed within thirty days from receipt of certified copy of the order.ratio¶45
Since the order was passed without issuing notice to respondent Nos.5 and 6, they are permitted to move this petition for modification, if aggrieved.ratio¶46

Detailed headnote1 paragraphs

Payment of Gratuity Act, 1972 - Recovery of gratuity - Petitioner (Malyadri G) holds an order dated 30.10.2024 passed by respondent No.4, the Labour Officer and Controlling Authority under the Payment of Gratuity Act (Annexure-A), stated to have attained finality, and a certificate for recovery of gratuity dated 22.07.2025 (Annexure-H) for Rs. 2,76,740/- with interest at 10% per annum from 03.03.2023 - His representation dated 26.09.2025 (Annexure-J) to the Deputy Commissioner, Bengaluru Urban District (respondent No.3) was allegedly not considered - Writ petition under Articles 226 and 227 of the Constitution seeking mandamus and consequential recovery from respondent Nos.5 and 6 (HR Manager and General Manager, M/s Tirumala Milk Products Private Limited) - Held: Deputy Commissioner directed to proceed in accordance with law to recover the gratuity if not yet paid, after issuing notice to respondent Nos.5 and 6 to ascertain whether the gratuity is paid; exercise to be completed within thirty days from receipt of certified copy of the order - Petition disposed of - Liberty reserved to respondent Nos.5 and 6 to seek modification, the order having been passed without notice to them, notice having been dispensed with at the petitioner's request.

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NC: 2026:KHC:7654 WP No. 1674 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. 1674 OF 2026 (L-PG)

BETWEEN:

SRI. MALYADRI G AGED ABOUT 52 YEARS, S/O MALAKONDA REDDY, R/AT NO. 1058, 8^TH CROSS, LAKSHMINARSHIM SWAMY TEMPLE ROAD, KAMMAGONDAHALLI, JALAHALLI WEST, BENGALURU-560015. MOBILE-8861826502

…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

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NC: 2026:KHC:7654 WP No. 1674 of 2026

HC-KAR

KARMIKA BHAVAN, BANNERAGHATTA ROAD, BENGALURU- 560 073.

THE HR MANAGER M/S TIRUMALA MILK PRODUCTS PRIVATE LIMITED,

NO.301, 3^RD FLOOR, NGF BDA LAYOUT, RAMAMURTHY NAGAR MAIN ROAD, KASTURI NAGAR (EAST) BENGALURU-560 016.

THE GENERAL MANAGER M/S TIRUMALA MILK PRODUCTS PRIVATE LIMITED, NO.301, 3^RD FLOOR, NGF BDA LAYOUT, RAMAMURTHY NAGAR MAIN ROAD, KASTURI NAGAR (EAST) BENGALURU-560 016. (REGISTERED UNDER COMPANIES ACT, 1998)

…RESPONDENTS

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

VIDE ORDER DATED 09.02.2026, NOTICE TO RESPONDENT NOS.5 AND 6 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 REPRESENTATION DATED 26.09.2025, PRODUCED AT ANNEXURE-J, AND CONSEQUENTLY DIRECT RECOVERY OF THE GRATUITY AMOUNT FROM THE RESPONDENT NO.5 AND 6 IN TERMS OF THE ORDER PASSED BY THE RESPONDENT NO.4 DATED 30.10.2024 AT ANNEXURE-A AND THE CERTIFICATE FOR RECOVERY OF GRATUITY DATED 22.07.2025 AT ANNEXURE-H, FOR A SUM OF RS. 2,76,740/ALONG WITH INTEREST AT THE RATE OF 10% PER ANNUM FROM 03.03.2023 TILL THE DATE OF ACTUAL PAYMENT.

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NC: 2026:KHC:7654 WP No. 1674 of 2026

HC-KAR

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

Learned Additional Government Advocate accepts notice

on behalf of respondent Nos.1 to 4.

Notice to respondent Nos.5 and 6 is dispensed with

at the request of the learned counsel for the petitioner.

This petition is filed seeking writ of mandamus, wherein the petitioner claims that his representation dated 26.09.2025 is not considered by the Deputy Commissioner/respondent No.3 though the representation is 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 - H.

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NC: 2026:KHC:7654 WP No. 1674 of 2026

HC-KAR

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 shall issue notice to respondent Nos.5 and 6 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 Nos.5 and 6, respondent Nos.5 and 6 are permitted to move this petition for modification, if aggrieved.

8. Accordingly, this petition stands disposed of.

Sd/(ANANT RAMANATH HEGDE) JUDGE

PMR

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