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2025 DAILYLAW 43985 (KAR)

THE ASST. EXECUTIVE ENGINEER v. THE LABOUR COMMISSIONER

WP/101511/2025 · 2025-03-10

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4442 WP No. 101511 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101511 OF 2025 (L-PG) BETWEEN: THE ASST. EXECUTIVE ENGINEER, TLC SUB DIVISION NO.1, KNNL, TURUVIHAL, TQ: SINDHANUR-584 132, DIST: RAICHUR. … PETITIONER (BY SRI. S.M. TONNE., ADVOCATE) AND: 1. THE LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, THE PAYMENT OF GRATUITY ACT 1972, (PGA), KOPPAL, DIST: KOPPAL-583 231. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES, VIKASA SOUDA, BENGALURU-560 001. 4. THE DEPUTY COMMISSIONER, D.C'S OFFICE, KOPPAL DISTRICT, KOPPAL-583 231. 5. THE TAHSILDAR, GANGAVATHI, TALUKA OFFICE, GANGAVATHI, DIST: KOPPAL-583 231. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4442 WP No. 101511 of 2025 6. SRI. RAMESHAYYA S/O LATE GURUBASAYYA, R/O: SOMANAL, TQ: KARATAGI, DIST: KOPPAL, NOW AT SHAHAPUR, TQ: DIST: YADAGIRI-509 210. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.M.Tonne., counsel for the petitioner has appeared in person. 2. The petitioner is seeking a Writ of Certiorari to set aside the order dated: 07.03.2023 passed by the Labour Commissioner & Controlling Authority/ respondent No.1 in KAAKO/UPAKA/CR-23/2021-22 vide Annexure-D as far as petitioner is concerned. 3. Counsel for the petitioner urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 - NC: 2025:KHC-D:4442 WP No. 101511 of 2025 4. The order passed by the Controlling Authority vide Annexure-D is called in question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition. 5. As against the order of the Controlling Authority an alternate statutory remedy is available by filing an appeal before the Appellate Authority. The petitioner without availing the alternate remedy has filed the Writ Petition. Hence, I decline to exercise power under Writ jurisdiction. Accordingly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 6