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2025 DAILYLAW 52453 (KAR)

SRI. ASHOK P HANJI S/O PANCHAPPA v. THE APPELLATE AUTHORITY AND DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL)

WP/104656/2024 · 2025-09-26

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13571 WP No. 104656 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104656 OF 2024 (L-PG) BETWEEN: SRI. ASHOK P. HANJI S/O. PANCHAPPA, AGED 64 YEARS, RETIRED OFFICER, RESIDING AT H.NO. 3136, GANDHI NAGARA, MUNAVALLI POST SAUNDATTI, BELGAUM -591117. …PETITIONER (BY SRI. MADHUSOODHANA P.N., ADVOCATE) AND: 1. THE APPELLATE AUTHORITY AND DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL), SHRAM SADAN, 3RD CROSS, 3RD MAIN, 2ND PHASE, TUMKUR ROAD, YESHWANTHPURA, BANGALORE-560022. 2. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND ASSISTANT LABOUR COMMISSIONER (CENTRAL), OFFICE OF ALC, CTS NO. 2773/4B 2ND FLOOR, OPP. HDMC PARK, NEAR BHAVANI NAGARA LAST BUS STOP, BHAVANI NAGARA, HUBLI-580023. 3. THE CHAIRMAN, KARNATAKA VIKAS GRAMIN BANK, HEAD OFFICE, P.B.NO. 1111 BELGAUM ROAD, DHARWAR-580008. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13571 WP No. 104656 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO: i) CALL FOR THE ENTIRE RECORDS FROM RESPONDENT NO. 1 AND 2 PERTAINING TO ANNEXURE-F AND J. ii) ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER BEARING NO.48(22)2018-A/H DATED 17.08.2020 PASSED BY THE RESPONDENT NO.2 MARKED AT ANNEXURE-F. iii) ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER BEARING NO.36(198)2020- B1 DATED 29.11.2022 PASSED BY THE RESPONDENT NO.1 MARKED AT ANNEXURE-J TO THE EXTENT OF NOT ALLOWING REMAINING CLAIM. iv) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, OR DIRECTION DIRECTING THE RESPONDENT NO.3 TO CALCULATE THE GRATUITY PAYABLE TO THE PETITIONER BY TAKING INTO ACCOUNT THE FOLLOWING:- (a) CONSIDER ALL THE COMPONENTS OF SALARY LIKE BASIC PAY, DA, STAGNATION INCREMENTS, SPECIAL ALLOWANCE, GRADUATION PAY, PROFESSIONAL QUALIFICATION PAY, OFFICIATING PAY, COMPUTER INCREMENT (FIXED PERSONAL PAY), LEARNING ALLOWANCE, LOCATION ALLOWANCE AND HRA, CCA WHICH ARE ALL INCLUDED IN THE SALARY SLIP OF THE PETITIONER. (b) CONSIDER THE GRATUITY FOR THE YEARS OF SERVICE FROM 16TH YEAR TO 30TH YEAR AT THE RATE OF ONE MONTH PAY FOR EVERY YEAR OF SERVICE. (c) CONSIDER THE GRATUITY AT THE RATE OF 45 DAYS (ONE AND HALF MONTH) FOR THE SERVICE ABOVE 30 YEARS. (d) CONSIDER THE PER DAY WAGE BY DIVIDING THE TOTAL SALARY OF A MONTH DIVIDED BY 26 DAYS. (e) TO PAY THE DIFFERENTIAL AMOUNT ALONG WITH INTEREST AT 10% FROM THE DATE OF CESSATION OF SERVICE TO TILL THE DATE OF ACTUAL PAYMENT. v) ISSUE SUCH OTHER APPROPRIATE WRIT, ORDER, DIRECTION OR RELIEFS AS DEEMED NECESSARY TO MEET THE ENDS OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:13571 WP No. 104656 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Despite the order dated 09.09.2025, office objections have not been complied with. 2. It appears that the petitioner is not interested in prosecuting the matter. 3. The petition is dismissed for non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE gab CT:ANB List No.: 2 Sl No.: 53