- 1 - HC-KAR NC: 2025:KHC-D:15859 WP No. 102160 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102160 OF 2025 (L-PG) BETWEEN: MEHABOOBSAB S/O MASHAKSAB CHINNUR, AGE. 45 YEARS, OCC. NIL, R/O. H.NO. 42, J.P. NAGAR, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580 020. … PETITIONER (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE) AND: 1. THE ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT, DHARWAD DIVISION, HUBBALLI, DIST. DHARWAD-580 019. 2. THE LABOUR OFFICER AND AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, HUBBALLI, DIST. DHARWAD-580 020. 3. THE PROPRIETOR, LAKSHMI ENTERPRISES, C-180, 2ND GATE, 10TH CROSS, INDUSTRIAL ESTATE, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580 020. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 AND R2; SRI. KUSHAL V. BOLMAL, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, SETTING ASIDE THE ORDER PASSED IN NO. KaaAHu-2/UPaaKaa/CR-69/2021, DATED 28/11/2023 PASSED BY THE RESPONDENT NO.2, VIDE ANNEXURE-E AND ORDER PASSED IN NO.SaKaaAaHu/UPaaKaa/Appeal/CR-13/2024-25, DATED 20/11/2024 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-G AND ISSUE WRIT IN THE NATURE OF THE MANDAMUS DIRECTING THE CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15859 WP No. 102160 of 2025 RESPONDENT NO.3 TO COMPUTE THE GRATUITY AMOUNT DUE TO THE PETITIONER AND ALSO DIRECT TO PAY THE GRATUITY AMOUNT OF RS. 01,42,500/- WITH THE INTEREST AT THE RATE OF 18% P.A. FROM THE DATE OF RETIREMENT TILL REALIZATION. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner, learned Government Advocate appearing for respondents No.1 and 2 and the learned counsel appearing for respondent No.3. 2. The petition is filed assailing the order dated 20.11.2024 by respondent No.1 and the order dated 28.11.2023 passed by respondents No.2. In terms of the order dated 28.11.2023, respondent No.2-Labour Officer and Authority under the payment of Gratuity Act, 1972 has rejected the petitioner’s claim. 3. In terms of the order dated 20.11.2024, respondent No.1-the Appellate Authority has rejected the appeal. The appeal is rejected on the premise that the appeal is filed beyond the stipulated period of 120 days. It is noticed that the original - 3 - HC-KAR NC: 2025:KHC-D:15859 WP No. 102160 of 2025 authority passed the order on 28.11.2023 and the limitation of 120 days to file the appeal would expire on 27.03.2024. 4. Learned counsel for the petitioner submits that in the month of February 2024, the petitioner had approached the High Court Legal Services Authority seeking for assistance. On 14.03.2024, it was opined that the petitioner has to approach respondent No.1. Subsequently, he applied for certified copy on 06.06.2024 and the same was received on 18.06.2024. The petitioner has filed the appeal on 14.06.2024 without certified copy. The certified copy was furnished on 18.06.2024. 5. Looking at the chronology of events, it is noticed that the delay is on account of the fact that the petitioner had filed the application before High Court Legal Services Authority seeking legal aid. 6. Learned counsel for the petitioner would refer to the judgment of the Apex Court in M/s. Laxmi Srinivasa R and P Boiled Rice Mill vs. State of Andhra Pradesh and Another1. 1 2023 (1) Kar. L.R. 1(SC) - 4 - HC-KAR NC: 2025:KHC-D:15859 WP No. 102160 of 2025 7. Since there is delay on the part of the High Court Legal Services Authority in not providing legal aid, the Appellate Authority ought to have considered the appeal on merits rather than dismissing the appeal on account of delay. 8. Without entering into the merits of the case, the matter has to be remanded to the Appellate Authority to consider the appeal on merits. 9. Hence, the following: ORDER (i) The Writ Petition is allowed. (ii) The impugned order dated 20.11.2024 passed by Assistant Labour Commissioner is set aside. (iii) The matter is remanded to the Appellate Authority to consider the appeal on merits. (iv) It is made clear that nothing is expressed on the merits of the matter. (v) All the contentions of the parties are kept open. - 5 - HC-KAR NC: 2025:KHC-D:15859 WP No. 102160 of 2025 (vi) The matter shall be decided within 6 months from the date of receipt of certified copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 56