- 1 - NC: 2025:KHC:2521 WP No. 29106 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 29106 OF 2018 (L-PG) BETWEEN: 1. ASSISTANT EXECUTIVE ENGINEER, NO.3, CANAL SUB-DIVISION, HANAGODU, HUNSUR TALUK, MYSURU DISTRICT - 570001. 2. THE MANAGING DIRECTOR, C N N L, CAUVERY BHAVAN COMPLEX, GOKULAM, 4TH STAGE, MYSORE - 570001. …PETITIONERS (BY SRI K S BHEEMAIAH, ADVOCATE) AND: 1. THE DEPUTY LABOUR COMMISSIONER & APPELLATE AUTHORITY,BANGALORE - 560029. 2. THE ASST. LABOUR COMMISISONER AND CONTROLLING AUTHORITY, UNDER PAYMENT GRATUITY ACT, MYSORE DIVISION, MYSORE - 570001. 3. SRI JABBAR SAB, MAJOR, S/O LATE HUSAIN SAB, HYRIGE VILLAGE, HONNENAHALLI POST, HANAGODU HOBLI, HUNSUR TALUK, MYSORE DISTRICT - 570001. …RESPONDENTS (BY SRI B T KOLLER AGA FOR R1 AND R2, RESPONDENT NO.3 SERVED AND UNREPRESENTED) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2521 WP No. 29106 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF R-1 IN RESPECT OF APPEAL, AND ON THE FILE OF THE R-2. QUASH THE ORDER AT ANNEXURE-A DTD 23.5.2016, PASSED BY THE R-2 AND AT ANNEXURE-B DTD 26.11.2016 PASSED BY THE R-1 IN APPEAL. THIS PETITION COMING ON FOR HEARING, 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 petitioners and the learned Additional Government Advocate appearing for respondents No.1 and 2. Respondent No.3 though served is absent and not represented. 2. In this petition, the petitioners are questioning the order dated 23.05.2016 passed by the Assistant Labour Commissioner and the order dated 26.11.2016 passed by the Appellate Authority. Learned counsel for the petitioners submits that the SLP involving the identical question is pending before the Hon'ble Apex Court in SLP. (C.A)No.9156/2023. It is his further submission that in - 3 - NC: 2025:KHC:2521 WP No. 29106 of 2018 similar matter, the Co-ordinate Bench of this Court in W.P. No.11991/2023 has passed an order to keep the amount in deposit in any nationalised bank in the name of the Controlling Authority with liberty to the employee to receive periodical interest agreed thereon, on proper identification. 3. It is also his submission that the amount shall be released in favour of the successful party in terms of the final outcome of the SLP pending before the Apex Court. Under these circumstances, the following order is made:- ORDER i) The amount in deposit before 2nd respondent shall be kept in any nationalised bank in the name of the Controlling Authority for a period of one year with auto renewal mandate. - 4 - NC: 2025:KHC:2521 WP No. 29106 of 2018 ii) The interest agreed thereon shall be released in favour of respondent No.3 in case such request is made. iii) In the event of the petitioners succeeding before the Appellate Court the amount shall be released in favour of the petitioners. iv) In case the petitioners fail before the Appellate Court, the amount shall be released in favour of respondent No.3. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 51