TEACHERS COOPERATIVE BANK LTD v. THE STATE OF KARNATAKA
WP/19639/2022 · 2025-11-03
Jyoti M
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77179 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77179 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43976 WP No. 19639 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 19639 OF 2022 (L-PF) BETWEEN:
TEACHERS CO-OPERATIVE BANK LTD., HEAD OFFICE, BALIGA TOWER, NEAR BUS STAND, UDUPI - 576101.
REPRESENTED BY ITS GENERAL MANAGER (THE PETITIONER SOCIETY IS REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCITIES ACT, 1959) …PETITIONER (BY SMT. RAKSHITHA, ADVOCATE FOR SRI. DEVI PRASAD SHETTY, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
THE LABOUR OFFICER AND THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 LABOUR OFFICE, UDUPI SUB DIVISION, RAJATHADRI, 1ST FLOOR, A 201, MANIPAL, UDUPI - 576104, UDUPI DISTRICT.
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:43976 WP No. 19639 of 2022
3.
SMT. USHA R.MADHYASTHA W/O U.R.MADHYASTA AGE 63 YEARS R/O SATYASRI, MASTI KATTE MOODABIDRE - 574227. …RESPONDENTS (BY SRI. RAJENDRA K.R., AGA FOR R1 AND R2;
SRI. VARUN SAI Y., ADVOCATE FOR SRI. SACHIN B.S., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Smt.Rakshitha., counsel on behalf of Sri.Devi Prasad Shetty., for the petitioner, Sri.Rajendra.K.R., AGA for respondents 1 and 2 and Sri.Varun Sai.Y., counsel on behalf of Sri.Sachin.B.S., for respondent No.3 have appeared in person.
2. The
order dated 15.06.2022 passed by the Controlling Authority vide Annexure-E is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition.
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HC-KAR NC: 2025:KHC:43976 WP No. 19639 of 2022
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
4. Suffice it to note that as against the final order passed by the Controlling Authority, a statutory remedy of filing an appeal lies before the Appellate Authority. It is significant to note that Articles 226 and 227 is not intended to circumvent statutory procedures. When a right or liability is created by a statute which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before seeking the discretionary remedy under Articles 226 and 227. The law is also well settled that a petition under Articles 226 and 227 should not be entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation. Hence, I decline to exercise power under the Writ jurisdiction. If at all the petitioner has any grievance, the petitioner may take recourse under the law seeking appropriate relief before the appropriate Forum subject to the law’s permission, if so advised.
5. Resultantly, the Writ Petition is dismissed.
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HC-KAR NC: 2025:KHC:43976 WP No. 19639 of 2022
Because of dismissal of the Writ Petition, pending interlocutory applications, if any, are disposed of and interim direction, if any, stands discharged.
Sd/- (JYOTI M) JUDGE MRP,KMV List No.: 1 Sl No.: 8