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2025 DAILYLAW 30753 (KAR)

SRI T MANJUNATH v. THE PRINCIPAL

WP/21291/2024 · 2025-01-08

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC:638 WP No. 21291 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 21291 OF 2024 (L-PF) BETWEEN: SRI T MANJUNATH, S/O K V THAMME GOWDA, AGED ABOUT 60 YEARS, NO.24, R V LAYOUT, PALACE GUTTAHALLI, BANGALORE-560009. …PETITIONER (BY SRI AMBARISHA N, ADVOCATE FOR SRI MAHESH K H, ADVOCATE) AND: 1. THE PRINCIPAL, KNS INSTITUTE OF TECHNOLOGY, APPROVED BY ALL INDIA COUNSEL FOR TECHNICAL EDUCATION, AFFILIATED TO VTU HEGDE NAGAR, KOGILU ROAD,TIRUMENAHALLI, BANGALORE-560064. 2. ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY FOR PAYMENT OF GRATUITY, UB DIVISION 3, BANGALORE-560020. …RESPONDENTS (BY SRI GOPALA GOWDA H K, ADVOCATE FOR R1, SMT RASHMI RAO, HCGP FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 08.01.2024 AT ANNX-A Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:638 WP No. 21291 of 2024 PASSED BY THE HON'BLE R-2 APPELLATE AUTHORITY IN PGA/APPEAL/CR/32/2024. 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 as well as the learned counsel appearing for the respondents. 2. This Writ Petition is filed challenging the order dated 08.01.2024 passed by the Appellate Authority marked at Annexure-A. 3. In terms of the said order, the Appellate Authority has set-aside the order dated 06.10.2022 marked at Annexure- B, passed by the Labour Officer. 4. The Labour Officer in terms of the order dated 06.10.2022 has directed payment of Rs.1,30,361/- along with interest @ 10% per annum from 14.02.2017 till payment towards payment of Gratuity. - 3 - NC: 2025:KHC:638 WP No. 21291 of 2024 5. The present respondent No.1 against whom the order is passed has filed an appeal after depositing the entire amount before the Labour Officer. The appeal was heard on merits and appeal is allowed and the order of the Labour Officer is set-aside. Hence, the petitioner is before this Court impugning the order of the Appellate Authority. 6. Learned counsel for the respondents on instructions would submit that since the entire amount is deposited before the competent authority in terms of the order dated 06.10.2022, respondent No.1 without admitting the liability would not object for release of the amount in favour of the petitioner. 7. Said submission is placed on record. Since respondent No.1 has no objection for release of the amount deposited before the Labour Officer, the Writ Petition is disposed of with direction to the Labour Officer to release the amount in favour of the petitioner. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 55