- 1 - HC-KAR NC: 2025:KHC-D:11386 WP No. 65550 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 65550 OF 2011 (L-PG) BETWEEN: 1. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENTS, SUB-DIVISION, GOKAK, DIST: BELGAUM. 2. THE PRINCIPAL SECRETARY, PWD DEPARTMENT, VIKAS SOUDHA, BANGALORE. …PETITIONERS (BY SRI. JAIRAM SIDDI, HCGP) AND: 1. SMT. LAXMAVVA W/O. VENKAPPA TAWAG, AGE: 49 YEARS, OCC: NIL, R/O. UDAGATTI, TQ: GOKAK, DIST: BELGAUM. 2. SMT. UDDAWWA W/O. SHANKAREPPA GODER, AGE: 31 YEARS, OCC: NIL, R/O. UDAGATTI, TQ: GOKAK, DIST: BELGAUM. 3. KUMARI. BALAWWA VENKAPPA TAWAG, AGE: 26 YEARS, OCC: NIL, R/O. UDAGATTI, TQ: GOKAK, DIST: BELGAUM. 4. SRI. UDDAPPA S/O. VENKAPPA TAWAG, AGE: 27 YEARS, OCC: NIL, R/O. UDAGATTI, TQ: GOKAK, DIST: BELGAUM. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:11386 WP No. 65550 of 2011 5. SRI. BASAPPA S/O. VENKAPPA TAWAG, AGE: 25 YEARS, OCC: NIL, R/O. UDAGATTI, TQ: GOKAK, DIST: BELGAUM. 6. THE ASSISTANT LABOUR COMMISSIONER AND COMPENTENT AUTHORITY, BELGAUM DISTRICT, BELGAUM. …RESPONDENTS (BY SRI. M.J. PEERJADE, ADVOCATE FOR R1-R5; NOTICE TO R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR TO QUASHING THE ORDER NO.SAKAABE/UPAKA/CR-52/2008 DATED 20/12/2010 PASSED BY THE ASSISTANT LABOUR COMMISSIONER, BELGAUM AND COMPETENT AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11386 WP No. 65550 of 2011 CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The Assistant Executive Engineer, Public Works Department, Gokak Sub-division and the Principal Secretary of Public Works Department have filed the present petition calling in question the order bearing No.SakaaAbe/Upaka/CR-52/2008 dated 20.12.2010 passed by the Assistant Labour Commissioner, Belgaum1 (Annexure-‘C’ to the writ petition). 2. The relevant facts are that the husband of respondent No.1 and the father of respondent Nos.2 to 5 viz., Venkappa was employed with the petitioners for more than 19 years i.e., from 16.02.1987 till 25.09.2005 and that he died on 25.09.2005 due to natural causes, leaving behind the respondents as legal heirs. The legal representatives made request for payment of gratuity and since the same was not paid, an application under the provisions of the Payment of Gratuity Act, 1972 is made. 1 Hereinafter for short ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC-D:11386 WP No. 65550 of 2011 3. The respondent No.7-Assistant Labour Commissioner and competent authority in proceedings conducted under Sections 7(4C) and 11(4) of the Act, allowed the petition filed by the respondents and ordered the petitioners to pay a sum of Rs.34,314/- together with interest at 10% from 25.10.2005. Being aggrieved, the present petition is filed. 4. Although it is the vehement contention of the learned AGA appearing for the petitioners that the gratuity amount is not liable to be paid with respect to the deceased since he was a daily wage employee, having regard to the peculiar facts and circumstances of the present case, wherein the legal representatives of the deceased have been ordered to be paid a sum of Rs.34,314/-, this Court refuses to exercise its extraordinary discretionary jurisdiction contained under Article 226 of the Constitution of India to interfere with the order passed by the Assistant Labour Commissioner. - 5 - HC-KAR NC: 2025:KHC-D:11386 WP No. 65550 of 2011 5. In view of the aforementioned, the above writ petition is dismissed as being devoid of merit. Sd/- (C.M. POONACHA) JUDGE HMB CT-MCK List No.: 1 Sl No.: 13