- 1 - HC-KAR NC: 2025:KHC-D:12686 WP No. 105691 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105691 OF 2025 (L-PG) BETWEEN: THE GENERAL MANAGER HARIHAR POLYFIBERS HARIHAR, KUMARAPATTANAM-581123, TALUK: RANEBENNUR, DISTRICT: HAVERI, REPRESENTED BY ITS DEPUTY GENERAL MANAGER LEGAL, MR. VIJAYKUMAR ANGADI. …PETITIONER (BY SRI. Z.N. HANSI, ADVOCATE) AND: 1. THE LABOUR OFFICER (GADAG) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, SITTING ON DEPUTATION AT DC OFFICE, HAVERI, HAVERI ROAD, DEVAGIRI, DISTRICT: HAVERI-581110. 2. BASAPPA HANUMANTAPPA MARIKENCHANAVAR R/O KAVALETTU POST KUMARAPATTANAM TALUK RANEBENNUR DIST HAVERI- 581110 Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12686 WP No. 105691 of 2025 3. M/S S AND M CO. KUMARAPATTANAM 581123 RANEBENNUR NOW PRESENT ADDRESS M/S SURESH MALAPANI AND CO. INDUSTRY HOUSE, NO. 45 RACE COURSE ROAD BENGALURU 560001 REPRESENTED BY ITS MANAGING DIRECTOR MR ANIL MALPANI. …RESPONDENTS (BY SRI. P.N. HATTI, AGA FOR R1; NOTICE TO R2 AND R3 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE IMPUGNED ORDER DATED 07-01-2025 PASSED BY THE RESPONDENT NO. 1 LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 AT HAVERI, IN KA AA HA/UPAAKA/CR/-42/2018-19 PRODUCED AT ANNEXURE -F TO THIS WRIT PETITION, THEREBY DISMISSING THE CLAIM OR ANY OTHER RELIEF ORDERED AND AWARDABLE TO THE RESPONDENT NO. 2 CLAIMANT.B) ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE IMPUGNED ORDER DATED. 07-01-2025 PASSED BY THE RESPONDENT NO. 1 LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, AT HAVERI, IN KA AA HA/UPAAKA/CR/-42/2018-19.PRODUCED AT ANNEXURE - F TO THIS WRIT PETITION, THEREBY ASCERTAINING THE PRESENCE OF THE RESPONDENT NO.3 CONTRACTORS IN THE PROCEEDINGS MAKING THEM ACCOUNTABLE REMANDING THE MATTER WITH APPROPRIATE DIRECTIONS IN ACCORDANCE WITH LAW THEREBY ALLOWING THE PETITIONER FARE AND PROPER OPPORTUNITY OF BEING HEARD.(C) PASS ANY OTHER ORDER THIS HON BLE COURT DEEMS FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRILIMINARY HEARING THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12686 WP No. 105691 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. 2. Notice to respondent Nos.2 and 3 is dispensed with. 3. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of certiorari or any other writ or order quashing the impugned order dated 07-01-2025 passed by the respondent no. 1 Labour Officer and Controlling Authority under the payment of gratuity act, 1972 at Haveri, in KA AA HA/UPAAKA/CR/-42/2018-19 produced At Annexure -F to this writ petition, thereby dismissing the claim or any other relief ordered and awardable to the respondent no. 2 claimant. b. Issue a writ in the nature of mandamus to the impugned order dated. 07-01-2025 passed by the respondent no. 1 Labour Officer and Controlling Authority under the payment of gratuity act, at Haveri, in KA AA HA/UPAAKA/CR/-42/2018- 19.produced at Annexure - F to this writ petition, thereby ascertaining the presence of the respondent no.3 contractors in the proceedings making them accountable remanding the matter with appropriate directions in accordance with law thereby allowing the petitioner fare and proper opportunity of being heard. c. Pass any other order this Hon’ble Court deems fit to pass in the facts and circumstances of the case in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:12686 WP No. 105691 of 2025 4. The present petition challenges only the interlocutory order condoning the delay in filing the claim by the concerned workmen. It is noted that the petitioner has an alternative and efficacious remedy under sub- section (7) of Section 7 of the Payment of Gratuity Act, 1972, which permits an aggrieved person to approach the appropriate Government against any such order. 5. Reserving liberty to the petitioner to approach the appropriate Government by filing an appropriate application, the petition stands disposed of. 6. The petitioner is granted a period of three weeks to make such an application. 7. The appropriate Government is directed to consider and pass necessary orders on the said application within 8 weeks from the date of receipt of the application. While doing so, the appropriate Government shall also take into consideration the - 5 - HC-KAR NC: 2025:KHC-D:12686 WP No. 105691 of 2025 petitioner’s grievance that the contractors, who allegedly possess the relevant documents, have not been made parties to the proceedings, and shall take appropriate steps in that regard. 8. It is further clarified that, as the challenge in the present petition is only to the interlocutory order condoning the delay, and since no final liability has been determined or crystallized, there is no requirement at this stage for the petitioner to deposit any amount. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 9