- 1 - HC-KAR NC: 2025:KHC-D:12559 WP No. 105562 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105562 OF 2025 (L-PG) BETWEEN: GENERAL MANAGER, HARIHAR POLYFIBRES, HARIHAR, KUMARAPATTANAM-581123, TALUK: RANEBENNUR, DISTRICT: HAVERI, REPRESENTED BY ITS DEPUTY GENERAL MANAGER-LEGAL MR. VIJAYKUMAR ANGADI. …PETITIONER (BY SRIYUTHS: Z.N. HANSI, P.P. HITTALAMANI AND A.P. BANKAPUR, ADVOCATES) 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. SHRI. KARABASAYYA S/O PANCHAYYA SHANKARIMATH AGE. MAJOR, OCC. NIL, R/O. KODIYAL HOSAPETH, TQ. RANEBENNUR, DIST. HAVERI-581123. 3. M/S. SURESH MALPANI AND CO., NO.45, RACE COURSE ROAD, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12559 WP No. 105562 of 2025 BENGALURU-560001, REPRESENTED BY ITS MANAGING DIRECTOR, MR ANIL MALPAN. …RESPONDENTS (BY SRI. P.N. HATTI, AGA FOR R1) 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 KAAAHAA/UPAAKA/CR/-10/2016-17 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 OF 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 KAAA HAA/UPAAKA/CR/-10/2016-17 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 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) [ 1. The present petition challenges only the interlocutory order condoning the delay in filing the claim by the - 3 - HC-KAR NC: 2025:KHC-D:12559 WP No. 105562 of 2025 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. 2. Reserving liberty to the petitioner to approach the appropriate Government by filing an appropriate application, the petition stands disposed of. The petitioner is granted a period of three weeks to make such an application. 3. The appropriate Government is directed to consider and pass necessary orders on the said application within eight weeks from the date of receipt of the application. While doing so, the appropriate Government shall also take into consideration the petitioner’s grievance that the contractors, who allegedly possess the relevant documents, have not - 4 - HC-KAR NC: 2025:KHC-D:12559 WP No. 105562 of 2025 been made parties to the proceedings, and shall take appropriate steps in that regard. 4. 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 VB CT: UMD List No.: 2 Sl No.: 0