- 1 - HC-KAR CNR: KAHC010659202026 NC: 2026:KHC:53480 WP No. 30187 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 30187 OF 2026 (L-PG) BETWEEN: SRI C RENUKAIAH S/O. CHIKKANNA AGED ABOUT 62 YEARS R/AT NO.52, KANCHIDODDI VILLAGE RAMANAGARA BANGALORE SOUTH TALUK-562 159. …PETITIONER (BY SRI. KIRAN GOWDA M, ADVOCATE FOR SRI. PRASANNA KUMAR R S., ADVOCATE) AND: 1. THE REGISTRAR OF CO OPERATIVE SOCIETIES IN KARNATAKA NO. 1, ALI ASKAR ROAD BANGALORE-560001. 2. HORTICULTURAL PRODUCERS' CO-OPERATIVE MARKETING AND PROCESSING SOCIETY (HOPCOMS). DR. M. H. MARI GOWDA ROAD LALBAGH, BENGALURU-560 004. REP. BY IT'S MANAGING DIRECTOR REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT …RESPONDENTS (BY SMT. PRATHIBA R.K., AGA FOR R1: SERVICE OF NOTICE TO R2 IS DISPENSED WITH V/O DATED: 28.09.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010659202026 NC: 2026:KHC:53480 WP No. 30187 of 2026 DIRECT THE RESPONDENT NO.2 TO PAY THE AS GRATUITY AND EARNED LEAVE TO THE PETITIONER ALONG WITH INTEREST AT THE RATE OF 16% P.A FROM THE DATE OF RETIREMENT TO TILL THE DATE OF PAYMENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner sought for the following relief/s: “a. Issue writ in nature of mandamus directing the Respondent No.2 to pay the as gratuity & Earned leave to the Petitioner along with interest at the rate of 16% p. a from the date of retirement to till the date of payment. b. Issue any other appropriate Writ or direction or order passed by the Hon'ble Court as deems fit under the fact and circumstances of above Writ Petition in the interest of justice.” 2. Brief facts of the case are that the petitioner was an employee of respondent No.2 and served as a Second Division Assistant till his superannuation on 30.09.2024. Respondent No.2, by its office order dated 15.07.2025, Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010659202026 NC: 2026:KHC:53480 WP No. 30187 of 2026 relieved the petitioner from service and upon verification of the records and dues, the calculated amount payable towards gratuity, earned leave, security deposit and interest was Rs.5,48,970.50/-, out of which Rs.90,493/- was paid, leaving a balance of Rs.4,58,477.50/-. The petitioner approached the Labour Court seeking payment of the amount, and the controlling authority, by order dated 31.01.2026, directed respondent No.2 to pay the difference in gratuity of Rs.2,95,495/- along with interest. Despite the said order and the representations made by the petitioner, including the representation dated 04.02.2026, respondent No.2 has failed to pay amount due towards gratuity and earned leave. Hence, the petitioner has filed the present writ petition seeking appropriate relief. 3. Learned Additional Government Advocate appearing for the State has submitted that if the amount determined by the Controlling Authority is not paid, the petitioner has to approach the said Controlling Authority by filing an Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010659202026 NC: 2026:KHC:53480 WP No. 30187 of 2026 application under Rule 19 of the Payment of Gratuity (Central) Rules, 1972 (hereinafter referred to as the ‘Rules, 1972’ for short). Since the petitioner, without filing any such application, has directly approached this Court, he sought for dismissal of the writ petition. 4. In view of the petitioner having an alternative remedy for recover the differential amount as per the directions of the Controlling Authority vide Annexure-C, he is require to file an application under Rule 19 of the Rules, 1972. Accordingly, following order is passed: ORDER a) The above writ petition is disposed of b) Liberty is reserved to the petitioner to file a necessary application under the Rules, 1972, before the competent authority. c) If such an application is filed within eight weeks from today, the competent authority is directed to Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010659202026 NC: 2026:KHC:53480 WP No. 30187 of 2026 consider the same, in accordance with law and pass an appropriate order as expeditiously as possible, not later than three months from the date of filing of such application. In view of above, notice to respondent No.2 is dispensed with. (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 6 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA