- 1 - HC-KAR NC: 2026:KHC:31025 WP No. 10450 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 10450 OF 2026 (L-PG) BETWEEN: 1. THE PRINCIPAL SECRETARY TO GOVT., DEPT. OF SOCIAL WELFARE, VIKASA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF SOCIAL WELFARE, M.S.BUILDING, BENGALURU. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF SOCIAL WELFARE, M.S. BUILDING, BENGALURU. 4. THE ASSISTANT DIRECTOR, DEPARTMENT OF SOCIAL WELFARE, GUNDLUPETE. …PETITIONERS (BY SRI. K.P.YOGANNA, AGA) AND: 1. SMT. JAMUNA BAI K.A., W/O. M.V.VELLUR, MIG-17, HOUSING BOARD COLONY, SULTHANA BATHERI ROAD, GUNDLUPETE, CHAMARAJANAGAR DISTRICT. 2. THE ASSISTANT LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31025 WP No. 10450 of 2026 CHAMARAJANAGAR DISTRICT, CHAMARAJANAGARA-571313. …RESPONDENTS (BY SRI. MAHESH, ADVOCATE FOR SRI. GOVINDARAJ K., ADVOCATE FOR R1; VIDE COURT ORDER DATED 06.04.2025, NOTICE TO R2 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.K.P.Yoganna., AGA for the petitioners and Sri.Mahesh., counsel on behalf of Sri.K.Govindaraj., for respondent No.1 have appeared in person. 2. The order dated:11.02.2025 passed by the Controlling Authority under the Payment of Gratuity Act is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 3. AGA for the petitioners and counsel for respondent No.1 have urged several contentions. 4. Counsel for respondent No.1 in presenting his argument strenuously urged that the Writ Petition is not - 3 - HC-KAR NC: 2026:KHC:31025 WP No. 10450 of 2026 maintainable. He argued by saying that the Government has challenged the order of the Controlling Authority without exhausting the alternative remedy of filing an appeal before the Appellate Authority under the Payment of Gratuity Act. Hence, he submits that the writ petition may be dismissed. 5. Heard, the contentions urged on behalf of the respective parties and perused the writ papers with utmost care. 6. I have perused the Writ papers with utmost care. The Government has challenged the order passed by the Controlling Authority, by invoking writ jurisdiction without exhausting the statutory remedy. As there is a statutory remedy of filing an appeal before the Appellate Authority, this Court declines to exercise power under writ jurisdiction. Hence, in my view the Writ Petition is not maintainable. 7. Accordingly, the Writ Petition is dismissed. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 44