- 1 - HC-KAR CNR: KAHC010685292025 NC: 2026:KHC:43089 WP No. 32502 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 32502 OF 2025 (L-PG) BETWEEN: BISHOP COTTON WOMEN'S CHRISTIAN COLLEGE, AN EDUCATIONAL INSTITUTION MANAGED BY CSI KARNATAKA CENTRAL DIOCESE, HAVING ITS OFFICE AT NO.19, 3RD CROSS, C.S.I. COMPOUND, MISSION ROAD, BENGALURU-560 027 REPRESENTED BY ITS PRINCIPAL DR. REVINA D. REBECCA …PETITIONER (BY SRI. ABHINAV R., ADVOCATE A/W SMT. CHAMPOO KAVYA S., ADVOCATE FOR SRI. DR. M.SUNIL SASTRY, ADVOCATE) AND: 1. MRS. JENNIFER VIJETHA, W/O. MR. JOSEPH V.T., AGED ABOUT 57 YEARS, R/AT NO.6, OPP. TO RLF PHASE-III, SOUTH PARK, RAGHUVANAPALYA, J.P.NAGAR, 9TH PHASE, ANJANAPURA POST, BENGALURU-560108. 2. THE LABOUR OFFICER AND CONTROLLING AUTHORITY, SUB-DIVISION-7, KARMEEKA BHAVAN, BANNERUGHATTA ROAD, BENGALURU-560029. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010685292025 NC: 2026:KHC:43089 WP No. 32502 of 2025 3. THE ASSISTANT LABOUR COMMISSIONER, DIVISION-3, BENGALURU, ROOM NO. 18, GROUND FLOOR, KARMIKA BHAVANA DAIRY CIRCLE, BANNERUGHATTA ROAD, BENGALURU-560029. …RESPONDENTS (BY SRI. KIRAN GOWDA M., ADVOCATE FOR SRI. PRASANNA KUMAR R.S., ADVOCATE R1; SRI. PRAKASH M.GANIGER, HCGP FOR R2 AND R3) 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.Abhinav R., counsel along with Smt.Champoo Kavya S., on behalf of Dr.M.Sunil Sastry, for the petitioner and Sri.Kiran Gowda M., counsel on behalf of Sri.Prasanna Kumar R.S., for respondent No.1 and Sri.Prakash M. Ganiger, High Court Government Pleader for respondent Nos.2 and 3 have appeared in person. - 3 - HC-KAR CNR: KAHC010685292025 NC: 2026:KHC:43089 WP No. 32502 of 2025 2. This petition is filed seeking following reliefs: a) Set aside the endorsement issued by the Respondent No.3 dated 13.06.2025 annexed as Annexure-"А". b) Issue a Writ in the nature of Mandamus or in the nature of Mandamus directing the Respondent No.3 Appeal registered on 30.05.2025 vide Annexure-"B" and hear the said Appeal in accordance with the Law in the interest of Justice and Equity. c) Pass any other order as per the facts and circumstances of the case in the interest of Justice and Equity. 3. Counsel for the respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care. 4. Suffice it to note that the Controlling Authority passed the order on 10.02.2025. It is pivotal to note that the petitioner preferred an appeal under section 7(7) of the Payment of Gratuity Act, 1972, since there was a delay, an application was also filed for the condonation of the delay. The Appellate Authority declined to register the appeal solely on the - 4 - HC-KAR CNR: KAHC010685292025 NC: 2026:KHC:43089 WP No. 32502 of 2025 ground that there was a delay. This is untenable. The reason is apparent. The law is well settled that when there is a delay and an application is filed to condone the delay, the authority, or the court, must allow the applicant to explain the sufficient cause and then pass a detailed order for the delay. In the present case, the Authority, instead of registering the appeal, straight away issued an endorsement and declined the register since there was a delay in filing an appeal. This cannot be sustained. Hence, this Court deems it proper to quash the endorsement and direct the Appellate Authority to register the appeal filed by the petitioner, hear the application for the delay, and then proceed further in the matter following the law. 5. Therefore, the Writ of Certiorari is ordered. The endorsement dated:13.06.2025 vide Annexure-A is quashed. 6. Resultantly, the writ petition is allowed. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 26