- 1 - HC-KAR NC: 2025:KHC:24476 WP No. 16263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 16263 OF 2025 (L-PG) BETWEEN: SHRI SHANKARACHARY, S/O LATE LINGACHAR, AGED ABOUT 61 YEARS, R/O NO 130, SRI KAALI KAMBA NILAY PRASANNA, BHADRAKAALI LAYOUT, GEJJAGADAHALLI, SHIVANAPURA POST, BANGALORE URBAN DISTRICT, BANGALORE-562123. …PETITIONER (BY SMT SUMANGALA A SWAMY, ADVOCATE) AND: THE MANAGING DIRECTOR, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LTD., 4TH AND 5TH FLOOR, ANAND RAO CIRCLE, BANGALORE-560009. …RESPONDENT (BY SRI SYED FAIZ, ADVOCATE FOR SMT MONICA PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DTD 24.03.2025 PRODUCED VIDE ANNX-D DIRECTING THE RESPONDENT TO PAY THE GRATUITY FOR THE PERIOD 30.05.1988 TO 7.06.1988 I.E 3,53,972/- WHERE THE PETITIONER WORKED AS DAILY WAGE EMPLOYEES ALONG WITH 12 PERCENT INTEREST AS PER THE GRATUITY ACT. Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24476 WP No. 16263 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and respondent. 2. The petition is filed seeking writ of mandamus to direct the respondent to consider the representation dated 24.03.2025 market at Annexure-D. A direction is also sought to pay the gratuity from 30.05.1988 to 07.06.1996. The petitioner claimed that he is entitled to ₹3,53,972/- towards payment of gratuity and further claimed interest at 12% per annum. 3. Learned counsel for the petitioner would submit that the claim made by the petitioner in the present petition is covered in terms of the law declared by the co-ordinate Bench of this Court in W.P. No.10872/2023. 4. Learned counsel for the respondent would submit that respondent is not admitting the claim for ₹3,53,972/- - 3 - HC-KAR NC: 2025:KHC:24476 WP No. 16263 of 2025 and the same has to be decided as per the applicable provisions. 5. This Court has considered the contentions raised at the bar and perused the records. 6. It is not in dispute that the petitioner was the employee of respondent. He attained superannuation on 31.08.2024 as can be noticed from Annexure-B, the letter issued by the respondent. In that event of the matter, the petitioner is entitled to the gratuity as he was appointed on 30.05.1988 as daily wage employee and on 07.06.1996, his employment was regularized. 7. This Court in Sri Basavegowda supra has concluded that the employee who was appointed as a daily wager and subsequently regularised is entitled to claim gratuity from the date of appointment as a daily wager. 8. Under these circumstances, the petition has to be allowed. Hence, the following:- ORDER (i) The writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC:24476 WP No. 16263 of 2025 (ii) The respondent is directed to consider the petitioner's representation at Annexure-D keeping in mind the law laid down by this Court in W.P. No.10872/2023. (iii) It is made clear that this Court has not expressed any opinion on the quantum of the amount payable. Same shall be decided by counting the tenure of the petitioner's service from 30.05.1988 to 07.06.1996. (iv) On the amount to be determined, the petitioner is entitled to interest at the rate of 10% per annum 30 days after the date of retirement till the date of payment. (v) The compliance shall be made within two weeks from the date of receipt of the copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 98