- 1 - HC-KAR NC: 2025:KHC-D:15283 WP No. 65196 of 2010 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 65196 OF 2010 (L-PG) BETWEEN: KARNATAKA NIRAVARI NIGAM LTD., REPRESENTED BY ITS ASST. EXECUTIVE ENGINEER, MLBC, SUB-DN.NO.10, KULAGERI, TQ: BADAMI, DIST: BAGALKOT. … PETITIONER (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. SRI. BHIMAPPA TIPPANNA KATANAYAK, AGE: 70 YEARS,. OCC: NIL, R/O: NILAGUND, TQ: BADAMI, DIST: BAGALKOT. 2. ASST. LABOUR COMMISSIONER AND AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, BELGAUM DIVISION, BELGAUM. 3. THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, BELGAUM DIVSION, BELGAUM. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FPR R2 AND R3; NOTICE TO R1 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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 ALCB/PGA/CR-96/2007 DATED 26/12/2008 AT ANNEXURE-B AND THE ORDER OF LEARNED 3RD RESPONDENT PASSED IN DLCB/PGA/AP/CR-11/2009 DATED 18/05/2010 PRODUCED AS ANNEXURE-A AND FOR COST OF THIS PROCEEDINGS. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15283 WP No. 65196 of 2010 THIS PETITION COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order passed by 2nd respondent as well as 3rd respondent. 2. 2nd respondent in terms of the order dated 26.12.2008 marked at Annexure-B has held that the present petitioner is liable to pay ₹11,469/- along with interest at the rate of 10% per annum from 30.07.1997. The appeal filed before the Appellate Authority is dismissed in terms of order at Annexure-A. 3. It is noticed that respondent No.1, the beneficiary of the order, died in the year 2014. Application is filed in the year 2024, 10 years after his death, to substitute his legal representatives. Notice is issued to them and they have been duly served. 4. Considering the meager amount involved in this case, this Court is of the view that the application to substitute the legal representatives of deceased respondent No.1 has to be rejected as the Court also finds that delay of 2893 days in filing - 3 - HC-KAR NC: 2025:KHC-D:15283 WP No. 65196 of 2010 the application to set aside abatement and to substitute the legal representatives of deceased No.1 is not properly explained. 5. It is made clear that question of law, if any involved in this case is not decided and kept open. Application rejected. 6. Consequently, writ petition is rejected. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 2 SL NO.: 4