- 1 - HC-KAR NC: 2025:KHC-D:14597 WP No. 67489 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 67489 OF 2011 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., HUBLI DIVISION, R/BY CHIEF LAW OFFICER, N.W.K.R.T.C., HUBLI. … PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. SHRI S.A. NAVALGUND, AGE. MAJOR, OCC: RETD. EMPLOYEE, R/O. 7TH CROSS, LINGARAJNAGAR, HUBLI-580 021. 2. THE ASSISTANT LABOUR COMMISSIONER, DHARWAD DIVISION, HUBLI. 3. THE DEPUTY LABOUR COMMISSIONER, BELGAUM REGION, BELGAUM, BELGAUM. … RESPONDENTS (BY SRI. S.M. KALWAD, ADVOCATE FOR R1; SRI. PRAVEEN K. UPPAR, AGA FOR R2 AND R3) 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 WRIT OF DIRECTION TO QUASH THE ORDER PASSED BY RESPONDENT NO.2 I.E., THE ASSISTANT LABOUR COMMISSIONER AND COMPETENT AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972 IN PGA 179/08-09 DATED 31/10/2009 PRODUCED AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972 RESPONDENT NO.3 IN P.G.A./APPEAL/CR/44/2010 DATED 07/07/2010 PRODUCED VIDE ANNEXURE-‘E’, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14597 WP No. 67489 of 2011 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) This petition is filed assailing the order dated 31.10.2009 passed by the original authority marked at Annexure – C under the Payment of Gratuity Act, 1972 (For short ‘Act, 1972’) as well as the order of the Appellate Authority dated 07.07.2010 marked at Annexure - E. 2. Respondent No.1 who is the employee of the petitioner/Corporation claimed that gratuity amount payable to him is not paid. The matter was heard before the Original Authority under the Act, 1972. The Authority concluded that petitioner is entitled to ₹ 1,70,450 towards gratuity inclusive of ₹ 69,169 paid to him and directed the petitioner corporation to pay ₹1,02,281 being the difference amount along with interest at the rate of 10% per annum. With effect from 01.01.2003. - 3 - HC-KAR NC: 2025:KHC-D:14597 WP No. 67489 of 2011 3. The petitioner/Corporation contended that the respondent was unauthorisedly absent for 345 days and for that period he is not entitled to claim gratuity. 4. The Original Authority has held that under Section 2A of the Act, 1972, petitioner is entitled to claim benefit even in respect of the period for which he was unauthorisedly absent, when there is no order treating the unauthorised absence as a break-in service, in accordance with the Standing Orders, Rules and Regulations governing the employees of the establishment. 5. Petitioner has not produced any Standing Orders to contend that the unauthorised absence should be treated as a break-in service. Accordingly, the petitioner's contention is rejected. Thereafter, the appeal is filed. 6. The appeal is not entertained on the premise that the petitioner/appellant has not complied with the statutory requirement to file an appeal. - 4 - HC-KAR NC: 2025:KHC-D:14597 WP No. 67489 of 2011 7. It is not in dispute that the statutory requirement to file an appeal is not complied. In that event of the matter, it is as good as there is no appeal. This Court does not find any error in the order passed by the Appellate Authority in dismissing the appeal or not complying the statutory requirement to file an appeal. 8. No ground is made out to exercise jurisdiction under Article 227 of Constitution of India to set aside the impugned order, as Standing Orders providing for breach in service in case of unauthorized absence not produced. 9. Accordingly, the petition is dismissed. The amount shall be deposited within 30 days from today along with the interest as already ordered. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn CT:BCK LIST NO.: 2 SL NO.: 2