- 1 - HC-KAR NC: 2025:KHC-D:12734 WP No. 63894 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 63894 OF 2012 (L-PG) BETWEEN: KARNATAKA NIRAVARI NIGAM LIMITED, BY ITS ASSISTANT EXECUTIVE ENGINEER, GRBCC SUB-DIV. NO.5, GOKAK, DIST: BELGAUM. …PETITIONER (BY SRI. S.M. TONNE, ADVOCATE) AND: 1. THE DEPUTY LABOUR COMMISSIONER AND APPELLAT AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, BELGAUM DIVISION, BELGAUM. 2. THE ASSISTANT LABOUR COMMISSIONER AND AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, BELGAUM DIVISION, BELGAUM. 3. SMT. SIDDAWWA W/O. ASHOK HARIJAN, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. TAWAG, GOKAK, DIST: BELGAUM. 4. KUM. DEVENDRA S/O. ASHOK HARIJAN, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:12734 WP No. 63894 of 2012 AGE: 21 YEARS, OCC: STUDENT, R/O. GAWAG, GOKAK, DIST: BELGAUM. 5. KUM. BASAVARAJ S/O. ASHOK HARIJAN, AGE: 19 YEARS, OCC: HOUSEHOLD WORK, R/O. TAWAG, GOKAK, DIST: BELGAUM. 6. KUM. MOHAN S/O. ASHOK HARIJAN, AGE: 16 YEARS, OCC: HOUSEHOLD WORK, R/O. TAWAG, GOKAK, DIST: BELGAUM. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1 & R2; NOTICE TO R3-R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER OF LEARNED 2ND RESPONDENT PASSED IN NO.ALCB/PGA/CR-87/2008 DATED 24-02-2010, AT ANNEXURE-D AND THE ORDER OF LEARNED 1ST RESPONDENT PASSED IN NO.DLCB/PGA/AP/CR-63/2010 DATED 26-03-2012 PRODUCED AS ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC-D:12734 WP No. 63894 of 2012 ORAL ORDER The present writ petition is filed seeking for the following reliefs: A. Issue a writ or direction in the nature of certiorari quashing the order of learned 2nd respondent passed in No.ALCB/PGA/CR- 87/2008 dated 24-02-2010, at Annexure-D and the order of learned 1st respondent passed in No.DLCB/PGA/AP/CR-63/2010 dated 26-03-2012 produced as Annexure-E and B. Issue any other appropriate writ or direction, as this Hon’ble Court deems fit and proper to grant in the circumstances of the case. C. For cost of this proceedings. 2. The primary sole contention urged by the learned counsel for the petitioner is that one Ashok Siddappa Harijan1, whose legal representatives are respondent Nos.3 to 6 in the present writ petition, was employed with the petitioner from 21.01.1985 and he was removed from service on 15.11.1986. 1 Hereinafter referred to as “the deceased” - 4 - HC-KAR NC: 2025:KHC-D:12734 WP No. 63894 of 2012 Pursuant to the order of reinstatement, which was the subject matter of W.P.No.2890/1997 and W.A.No.1600/1998, the deceased was reinstated with continuity of service w.e.f., 26.09.1998 and he thereafter, died on 31.10.2008. While calculating the gratuity, the respondent No.2-Assistant Labour Commissioner, vide order dated 24.02.2010 (Annexure-D to the writ petition), which was affirmed by the respondent No.1- Deputy Commissioner vide order dated 26.03.2012 (Annexure-E to the writ petition), the gratuity was calculated for the period between 15.11.1986 when he was terminated from service till 26.09.1998 when he was reinstated into service i.e., for a period of 11 years 10 months, which is erroneous. 3. It is forthcoming from the order of the respondent No.2, which was affirmed by the respondent No.1, that while calculating the gratuity, the said period of 11 years 10 months was also taken into consideration, which is erroneous. It is pertinent to note that when the deceased was reinstated into service, there was no order directing continuity of service benefits. In view of the aforementioned, the relief sought for by - 5 - HC-KAR NC: 2025:KHC-D:12734 WP No. 63894 of 2012 the petitioner to the extent as noticed above, is liable to be granted. 4. Hence, the following: ORDER (i) The writ petition is allowed. (ii) The order bearing No.ALCB/PGA/CR-87/2008 dated 24.02.2010 passed by the respondent No.2, which was affirmed by the order bearing No.DLCB/PGA/AP/CR-63/2010 dated 26.03.2012 by the respondent No.1 is modified to the extent directing that while calculating the amount of gratuity, the period of 11 years 10 months shall be deducted. (iii) It is submitted that the petitioner has deposited a sum of ₹46,799/-. Hence, the respondent No.2 shall calculate the gratuity payable in terms of this order and refund the remaining amount to the petitioner as - 6 - HC-KAR NC: 2025:KHC-D:12734 WP No. 63894 of 2012 expeditiously as possible in any event not later than four weeks from the date of receipt of copy of this order and disburse the remaining amount to the respondents 3 to 6. Sd/- (C.M. POONACHA) JUDGE YAN CT-MCK List No.: 1 Sl No.: 23