- 1 - HC-KAR NC: 2025:KHC-D:17717 WP No. 68030 of 2010 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 68030 OF 2010 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER, NEKRTC, KOPPAL DIVISION, KOPPAL, PRESENTLY REP. BY THE CHIEF LAW OFFICER, NEKRTC, CENTRAL OFFICE, SAREGE SADAN, GULBARGA. … PETITIONER (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) AND: 1. SHRI RAHIM KHAN ITAGI, AGED ABOUT 59 YEARS, OCC: RETD. DRIVER, R/O: KANAKAGIRI ONI, KOPPAL. 2. THE ASST. LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, GULBARGA DIVISION, GULBARGA. 3. THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, 1972, GULBARGA REGION, GULBARGA. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R2 AND R3; NOTICE TO R1 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 ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 29/12/2008 PASSED BY THE 2ND RESPONDENT IN APPLICATION NO.ALC/PG AND A-34/2007, WHICH IS PRODUCED AS (ANNEXURE-A) AND CONSEQUENTLY QUASH THE ORDER DATED 30/06/2010 PASSED BY THE 3RD RESPONDENT IN APPEAL NO.U.KAA.AA.GU:PGA:APPEAL:CR/74/09-10 PRODUCED AS (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.12 11:10:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17717 WP No. 68030 of 2010 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioner. Respondent though served is not represented. 2. This petition is filed assailing the order passed by the Appellate Authority in proceeding Appeal No.CR/74/09-10. In terms of the impugned order dated 30.06.2010, the petitioner/ Corporation's appeal under Section 7A of Payment of Gratuity Act, 1972 is rejected on the premise that the appeal is time barred. In addition to that, in the absence of any further appeal by the employee, the appellate authority has directed the Corporation to pay Rs.2,05,275/-. 3. Learned counsel for the petitioner submits that the respondent/employee made a claim for arrears of gratuity before the original authority which held that the petitioner/Corporation is liable to pay Rs.1,28,229/- and deducting the amount paid, it directed the appellant/ Corporation to pay balance amount of Rs.47,749/-. This order is accepted by the employee. - 3 - HC-KAR NC: 2025:KHC-D:17717 WP No. 68030 of 2010 4. The Corporation filed an appeal assailing the said order directing payment of Rs.47,749/-. While dismissing the appeal on the premise that the appeal is time barred, the appellate authority directed the petitioner/Corporation to pay Rs.2,05,275 for which there was no claim at all. 5. The Appellate Authority having dismissed the appeal on the premise that it is time barred, could not have passed an order directing the appellate authority to pay Rs.2,05,275/- in the absence of any appeal or claim by the respondent/workman. 6. Hence the following: ORDER (i) Writ Petition is allowed-in-part. (ii) The order of the appellate authority directing payment of Rs.2,05,275/- is set aside. (iii) The petitioner/Corporation shall pay Rs.47,749/- to the respondent in case the amount is not yet paid along with interest @ 8% per annum on Rs.47,749/- on the amount determined by the controlling authority from the date of - 4 - HC-KAR NC: 2025:KHC-D:17717 WP No. 68030 of 2010 retirement till the date of deposit before the appellate authority. (iv) The amount deposited before the appellate authority shall be released in favour of the respondent No.1. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 2 SL NO.: 6