- 1 - HC-KAR CNR: KAHC010085322020 NC: 2026:KHC:48598 WP No. 7465 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7465 OF 2020 (L-RES) BETWEEN: DR N.P.NARAYANA SHETTY S/O P MAHALINGA SHETTY AGED ABOUT 56 YEARS THE PRINCIPAL BHANDARKARS ARTS AND SCIENCE COLLEGE KUNDAPUR, UDUPI DISTRICT-576201. …PETITIONER (BY SRI. PRASANNA V R., ADVOCATE) AND: 1. THE LABOUR OFFICER-CUM-INSPECTOR (UNDER THE MATERNITY BENEFIT ACT 1961) UDUPI DISTRICT UDUPI-576001. 2. DR.SOWMYA H W/O PRADEEP KUMAR SHETTY AGED ABOUT 35 YEARS R/AT BHAVANI NILAYA HERIKUDURU POST ANAGALLI VILLAGE KUNDAPURA, UDUPI DISTRICT-576201. …RESPONDENTS (BY SRI.M RAJAKUMAR, AGA FOR R1: R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 17.12.2019 IN CASE NO: Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010085322020 NC: 2026:KHC:48598 WP No. 7465 of 2020 KAAAVU/MBA/CR-01/2017-18 PASSED BY THE R-1 LABOUR OFFICER CUM INSPECTOR VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition is filed by the petitioner, who is the Principal of Bhandarkar’s Arts and Science College, Kundapur, Udupi, challenging the order dated 17.12.2019 passed by respondent No.1 under Section 17 of the Maternity Benefit Act, 1961 (for short, “the Act”), vide Annexure-A. 2. Respondent No.2 herein was appointed as a Contract Lecturer in Kannada at Bhandarkar’s Arts and Science College, Kundapur, on 30.06.2016. On 06.02.2017, respondent No.2 gave birth to a child. Since maternity benefit was not paid to respondent No.2, she filed an application before respondent No.1 under Section 17 of the Act. The competent authority, by the impugned order dated 17.12.2019, directed the petitioner, being the - 3 - HC-KAR CNR: KAHC010085322020 NC: 2026:KHC:48598 WP No. 7465 of 2020 Principal of the College, to pay maternity benefit, i.e., salary for 12 weeks along with a medical bonus of Rs.2,500/- to respondent No.2. 3. The only contention raised by the petitioner herein is that the Trust is the competent body responsible for payment of the said amount and that the petitioner is not liable to make such payment. 4. Respondent No.2 is served and unrepresented. 5. Learned Addl. Government Advocate appearing for respondent No.1 contends that, under Section 17 of the Act, the petitioner has a remedy of appeal against the impugned order. It is further contended that the Principal could have recommended the case of respondent No.2 for payment of maternity benefit to the Trust. 6. Since the petitioner has an alternative remedy of appeal under Section 17 of the Act, without expressing - 4 - HC-KAR CNR: KAHC010085322020 NC: 2026:KHC:48598 WP No. 7465 of 2020 any opinion on the merits of the case, the following order is passed: ORDER a) The writ petition is disposed of. b) The petitioner is at liberty to file an appeal before the competent authority and implead the Trust as one of the parties to the proceedings within four weeks from the date of receipt of a copy of this order. c) If such an appeal is filed, the competent authority is directed to consider and decide the same in accordance with law, without going into the aspect of delay. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 47