- 1 - NC: 2025:KHC:16761 WP No. 5910 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.5910 OF 2025 (L-PG) BETWEEN: SHIVAKUMAR B.S. S/O SHIVAPPA, AGED 64 YEARS, R/AT NO. 248, EWS, 6TH MAIN, KENGERI, SATELLITE TOWN, BENGALURU- 560 060. …PETITIONER (BY SRI. SHEKAR L., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BENGALURU- 560001. 2. THE TAHSILDAR BANGALORE NORTH TALUK, BENGALURU - 560001. 3. THE LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, SUB-DIVISION, NO.7, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU - 560073. 4. THE DIVISIONAL CONTROLLER B.M.T.C., SOUTH ZONE, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:16761 WP No. 5910 of 2025 CENTRAL OFFICE, K.H.ROAD, BENGALURU - 560027. …RESPONDENTS (BY MS. RASHMI RAO, HCGP FOR R1 TO R3; SRI. B.L. SANJEEV, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE FIRST RESPONDENT TO RECOVER THE GRATUITY AMOUNT FROM THE FOURTH RESPONDENT IN TERMS OF THE ORDER PASSED BY THE THIRD RESPONDENT TO PAY THE DIFFERENCE GRATUITY AND INTEREST ON DELAYED PAYMENT OF GRATUITY AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who was in service with the fourth respondent as a Traffic Controller, has retired from service on 31.05.2021. The petitioner contends that the Controlling Authority's order dated 10.03.2023 has attained finality and though certain correspondences are exchanged inter se the first to - 3 - NC: 2025:KHC:16761 WP No. 5910 of 2025 third respondents, no action has been taken to recover the amount payable in terms of the Controlling Authority's order. The petitioner, in these circumstances, seeks direction to the first respondent [the jurisdictional Deputy Commissioner] to recover the amount payable to him in terms of the Controlling Authority's order from the fourth respondent. If Mr.L.Shekar, the learned counsel for the petitioner, argues in favour of the petition relying upon the circumstances as aforesaid, Ms.Rashmi Rao, the learned High Court Government Pleader who has today filed copies of the notices issued by the office of the jurisdictional Tahsildar and the subsequent Attachment Order as also the auction notice, underscores that upon receipt of the Communication from the Deputy Commissioner's office, show cause notice has been issued against the attachment in the prescribed form on 05.11.2024 and subsequently the Attachment Order is also issued on 19.04.2025 scheduling auction on - 4 - NC: 2025:KHC:16761 WP No. 5910 of 2025 07.05.2025 after issuance of notice even on attachment. The learned High Court Government Pleader submits that auction of the subject property will be held as scheduled on 07.05.2025 to enable recovery in terms of the Certificate issued by the Controlling Authority after the order under Section 8 of the Payment of Gratuity Act, 1972. The petition stands disposed of taking these submissions on record. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 1 Sl No.: 0