- 1 - NC: 2025:KHC:13206 WP No. 7187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 7187 OF 2025 (L-PG) BETWEEN: LEO JOSEPH S/O LATE LOUIS FRANCIS AGED ABOUT 64 YEARS R/A PLOT NO.104, ASHIRWAD APARTMENT 1ST MAIN ROAD, YERRAPPA GARDEN AUSTIN TOWN BANGALORE - 560 047. …PETITIONER (BY SRI. THIPPESWAMY J R.,ADVOCATE) AND: 1. THE ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT DIVISION-III KARMIKA BHAVANA BANNERUGHATTA ROAD BANGALORE - 560 029. 2. THE LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT SUB DIVISION-VII KARMIKA BHAVANA BANNERUGHATTA ROAD Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:13206 WP No. 7187 of 2025 BANGALORE - 560 029. 3. THE MANAGING DIRECTOR M/S AMAZON ENVIROTECH PVT LTD., NO.19, POTTERY ROAD COOKE TOWN BANGALORE - 560 005. …RESPONDENTS (BY SMT.RASHMI RAO., HCGP FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 08.07.2024 PASSED BY THE R-1 IN PGA/APPEAL/CR-59/2023 VIDE ANNX-B TO THE WRIT PETITION.RESTORE THE ORDER DATED 17.11.2023 PASSED BY THE R-2 IN PGA/CR- 55/2022-23 VIDE ANNX-A TO THE WRIT PETITION. 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 was in employment with the third respondent as a Manager who joined on 16.08.2005. The third respondent has accepted the resignation and relieved him from service - 3 - NC: 2025:KHC:13206 WP No. 7187 of 2025 01.07.2016. The petitioner, after being relieved from service, has caused the legal notice dated 10.07.2016 to the third respondent asserting that it had not paid gratuity amount. In reply, the third respondent has computed the gratuity payable and the interest and deposited a sum of Rs.95,192/-. The petitioner has received this amount without caveat, but he has initiated proceedings under Section 7 of the Payment of Gratuity Act, 1972 [for short, 'the Act'] asserting that third respondent has failed to pay the gratuity. 2. The Controlling Authority by its order dated 17.11.2023 [Annexure-A] has called upon the third respondent to pay a sum of Rs.95,192/- along with interest at 10% per annum for the period from the closure of thirty days from the date the petitioner is relieved from services. The third respondent has called this order in question under Section 7(7) of the Act with the first respondent. The first respondent - 4 - NC: 2025:KHC:13206 WP No. 7187 of 2025 has allowed the appeal by the impugned order dated 08.07.2024 [Annexure-B]. 3. The second respondent has essentially interfered with the first respondent's order dated 17.11.2023 on the ground that the petitioner could not have filed an application alleging that the gratuity is not paid when he has received Rs.95,192/- from the third respondent after causing the legal notice dated 10.07.2016. The second respondent has reasoned that in the legal notice the petitioner did not assert that the third respondent was in arrears of food allowance or travel allowance, but after receiving Rs.95,192/- has tried to set up a claim asserting that this amount is paid towards arrears of allowances and that the gratuity amount remains unpaid. 4. The first respondent has concluded that the petitioner's case that the third respondent has paid Rs.95,192/- towards arrears of allowance is an after-thought. This Court opines that the first - 5 - NC: 2025:KHC:13206 WP No. 7187 of 2025 respondent’s conclusion is not perverse. The petitioner does not dispute the salient that he did not mention in the legal notice dated 10.07.2016 about arrears of different allowances and that he has received Rs.95,192/- without any protest while commencing the present proceedings. Hence, the petition is rejected. Sd/- (B M SHYAM PRASAD) JUDGE SA* ct:sr