THE GROUP B COMMITTEE v. THE CONTROLLING AUTHORITY
WP/24126/2024 · 2025-12-11
Jyoti M
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88019 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88019 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52494 WP No. 24126 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 24126 OF 2024 (L-PG) BETWEEN:
THE GROUP B COMMITTEE, ACADEMY OF LIBERAL EDUCATION, KURUNJIBHAG, SULLIA - 574327, REPRESENTED BY ITS SECRETARY, DR. JYOTHI R.PRASAD …PETITIONER (BY SRI. NARASIMHA SWAMY N.S., ADVOCATE)
AND:
1.
THE CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972, AND LABOUR OFFICER, SUB DIVISION 2, KARMIKA BHAVANA, NEAR ITI WOMEN COLLEGE, PRADUVA HIGH SCHOOL ROAD, SHARABATH KATTE, KONCHADI POST, MANGALORE - 575008.
2.
MR. JANARDHANA GOWDA A., S/O LATE RAMANNA GOWDA, AGED ABOUT 60 YEARS, R/AT ALAI MANE, UBARDKA MITTOORU GRAMA AND POST, SULLIA TALUK, MANGALURU, D.K. - 575002. …RESPONDENTS (BY SRI. K.R.RAJENDRA, AGA)
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52494 WP No. 24126 of 2024
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 Sri. Narasimha Swamy N.S., counsel for the petitioner, Sri.Rajendra.K.R., AGA for respondents has appeared in person.
2. The captioned writ petition is listed for orders regarding non compliance of office objections.
3. The
order dated 15.12.2023 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.
4. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
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HC-KAR NC: 2025:KHC:52494 WP No. 24126 of 2024
5. Suffice it to note that as against the order passed by the Controlling Authority, a statutory remedy of filing an appeal lies before the Appellate Authority. The petitioner has not availed the statutory remedy and has invoked writ jurisdiction.
6. It is significant to note that Article 226 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 Article 226. The law is also well settled that a petition under Article 226 should not be entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation.
7. Hence, I decline to exercise the power under 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.
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HC-KAR NC: 2025:KHC:52494 WP No. 24126 of 2024
8. Resultantly, the Writ Petition is dismissed.
SD/- (JYOTI M) JUDGE
SS List No.: 2 Sl No.: 5