Dismissed¶48

The State of Karnataka v. Sri Dasaiah

Karnataka HC22 Jun 2026WP/2517/2026

Case brief

AI extract

What is this about?

Non-exhaustion of statutory remedy — writ petition under Articles 226/227 by State of Karnataka against Labour Officer/Controlling Authority (Payment of Gratuity Act, Sub-Division-2, Bengaluru) order dated 27.09.2023 held not maintainable; appeal lay before Appellate Authority; petition dismissed without examining merits; Karnataka HC, 22.06.2026, Jyoti M, J.; WP No. 2517 of 2026 (L-PG).

What did the court decide?

Since a statutory remedy of filing an appeal before the Appellate Authority exists against the Controlling Authority's order, and the Government invoked writ jurisdiction without exhausting it, the Court declines to exercise power under writ jurisdiction. ¶46

The State of Karnataka Vs Sri Dasaiah — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:30715 WP No. 2517 of 2026

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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 22^ND DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M

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WRIT PETITION NO. 2517 OF 2026 (L-PG)

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BETWEEN:

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THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, HIGHER EDUCATION, 6TH FLOOR, M.S.BUILDING, BENGALURU-560001.

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THE COMMISSIONER, PUBLIC INSTRUCTIONS DEPARTMENT, NRUPATHUNGA ROAD, BENGALURU-560 001.

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THE DIRECTOR, DIRECTORATE OF STATE EDUCATION

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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RESEARCH AND TRAINING,

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NO.4, 100 FEET RING ROAD, BANASHANKARI 3RD STAGE, BENGALURU-560 085.

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…PETITIONERS

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(BY SMT. MAMATHA SHETTY, AGA)

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AND:

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SRI. DASAIAH, S/O. LATE PURANDARAIAH, AGED ABOUT 71 YEARS, ANJANAPURA, ANJANAPURA POST, KAILANCHA HOBLI,

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NC: 2026:KHC:30715 WP No. 2517 of 2026

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HC-KAR

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RAMANAGARA TALUK, RAMANAGARA DISTRICT-562159.

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THE LABOUR OFFICER, CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, SUB-DIVISION-2, KARMIKA BHAVAN, BANNERUGHATTA ROAD, BENGALURU-560 029.

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…RESPONDENTS

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(VIDE COURT ORDER DATED 25.02.2026, NOTICE TO R2 DISPENSED WITH; R1 SERVED AND UNREPRESENTED)

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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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Smt.Mamatha Shetty, Additional Government Advocate

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for petitioners appeared in person.

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This petition is filed seeking following reliefs:

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(i) Set aside the order dated 27.09.2023 in Case No.Ka Ka A Ben/UPaKa/CR-118/20222023 passed by the Labour Officer and Controlling Authority of Payment of Gratuity Act, Sub-Division-2, Karmika Bhavan,

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3 - NC: 2026:KHC:30715 WP No. 2517 of 2026

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HC-KAR

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Bannerughatta Road, Bengaluru vide (Annexure-A).

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(ii) Pass such other order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity.

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The order dated:27.09.2023 passed by the

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Controlling Authority under the Payment of Gratuity Act is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition.

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AGA for the petitioners urged several contentions.

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Heard, the contentions urged on behalf of the Additional Government Advocate for petitioners and perused the writ papers with utmost care.

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I have perused the Writ papers with utmost care. The Government has challenged the order passed by the Controlling Authority, by invoking writ jurisdiction without exhausting the statutory remedy. As there is a statutory remedy of filing an appeal before the Appellate Authority, this

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NC: 2026:KHC:30715 WP No. 2517 of 2026

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HC-KAR

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Court declines to exercise power under writ jurisdiction. Hence,

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in my view the Writ Petition is not maintainable.

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