Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:7654 WP No. 1674 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 1674 OF 2026 (L-PG) BETWEEN:
SRI. MALYADRI G AGED ABOUT 52 YEARS, S/O MALAKONDA REDDY, R/AT NO. 1058, 8TH CROSS, LAKSHMINARSHIM SWAMY TEMPLE ROAD, KAMMAGONDAHALLI, JALAHALLI WEST, BENGALURU-560015. MOBILE-8861826502 …PETITIONER (BY SRI. SIDDESWARASWAMY S.B., ADVOCATE) AND:
1.
THE SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001.
2.
THE SECRETARY, DEPARTMENT OF LABOUR VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001.
3.
THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 001.
4.
THE LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT.
SUB-DIVISION -04
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:7654 WP No. 1674 of 2026
KARMIKA BHAVAN, BANNERAGHATTA ROAD, BENGALURU- 560 073.
5.
THE HR MANAGER M/S TIRUMALA MILK PRODUCTS PRIVATE LIMITED, NO.301, 3RD FLOOR, NGF BDA LAYOUT, RAMAMURTHY NAGAR MAIN ROAD, KASTURI NAGAR (EAST) BENGALURU-560 016.
6.
THE GENERAL MANAGER M/S TIRUMALA MILK PRODUCTS PRIVATE LIMITED, NO.301, 3RD FLOOR, NGF BDA LAYOUT, RAMAMURTHY NAGAR MAIN ROAD, KASTURI NAGAR (EAST) BENGALURU-560 016.
(REGISTERED UNDER COMPANIES ACT, 1998) …RESPONDENTS (BY SRI. M. RAJAKUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4;
VIDE ORDER DATED 09.02.2026, NOTICE TO RESPONDENT NOS.5 AND 6 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER AND DISPOSE OF THE REPRESENTATION DATED 26.09.2025, PRODUCED AT ANNEXURE-J, AND CONSEQUENTLY DIRECT RECOVERY OF THE GRATUITY AMOUNT FROM THE RESPONDENT NO.5 AND 6 IN TERMS OF THE ORDER PASSED BY THE RESPONDENT NO.4 DATED 30.10.2024 AT ANNEXURE-A AND THE CERTIFICATE FOR RECOVERY OF GRATUITY DATED 22.07.2025 AT ANNEXURE-H, FOR A SUM OF RS. 2,76,740/- ALONG WITH INTEREST AT THE RATE OF 10% PER ANNUM FROM 03.03.2023 TILL THE DATE OF ACTUAL PAYMENT.
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HC-KAR NC: 2026:KHC:7654 WP No. 1674 of 2026
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER
Learned Additional Government Advocate accepts notice on behalf of respondent Nos.1 to 4.
2. Notice to respondent Nos.5 and 6 is dispensed with at the request of the learned counsel for the petitioner.
3. This petition is filed seeking writ of mandamus, wherein the petitioner claims that his representation dated 26.09.2025 is not considered by the Deputy Commissioner/respondent No.3 though the representation is filed in accordance with the Payment of Gratuity Act, 1972 and the applicable rules.
4.
Learned counsel for the petitioner submits that the
order relating to the payment of gratuity passed by the competent authority has attained finality and recovery certificate is also issued in terms of Annexure - H.
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HC-KAR NC: 2026:KHC:7654 WP No. 1674 of 2026
5. Since it is urged that gratuity amount is not paid, the Deputy Commissioner/respondent No.3 has to proceed in accordance with law to recover the gratuity.
6. Under these circumstances, a direction is issued to the Deputy Commissioner/respondent No.3 to proceed further in accordance with law, in case gratuity is not yet paid. Before proceeding further, the Deputy Commissioner/respondent No.3 shall issue notice to respondent Nos.5 and 6 to ascertain as to whether the gratuity is paid or not. This exercise shall be completed within a period of thirty days from the date of receipt of certified copy of this order.
7. Since this order is passed without issuing notice to respondent Nos.5 and 6, respondent Nos.5 and 6 are permitted to move this petition for modification, if aggrieved.
8. Accordingly, this petition stands disposed of.
Sd/- (ANANT RAMANATH HEGDE) JUDGE PMR List No.: 1 Sl No.: 24