Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 44139 (KAR)

DEPARTMENT OF HORTICULTURE (SS) v. SMT JAYAMMA

WP/11065/2022 · 2026-10-05

H T Narendra Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010095222021 NC: 2026:KHC:55393 WP No. 11065 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11065 OF 2022 (L-PG) BETWEEN: 1. DEPARTMENT OF HORTICULTURE (SS) REP. BY ITS SENIOR ASSISTANT DIRECTOR OF HORTICULTURE KRISHNARAJA SAGARA MANDYA DISTRICT. 2. THE PRINCIPAL SECRETARY STATE OF KARNATAKA DEPARTMENT OF HORTICULTURE VIKASA SOUDHA, BENGALURU. …PETITIONERS (BY SRI. M. RAJA KUMAR, AGA.,) AND: 1. SMT JAYAMMA NO.349, BEHIND GOVERNMENT HOSPITAL JANATHA COLONY K R S SRIRANGAPATNA TALUK MANDYA DISTRICT. 2. THE CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY AND LABOUR OFFICER MANDYA DISTRICT, MANDYA. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010095222021 NC: 2026:KHC:55393 WP No. 11065 of 2022 3. THE ASSISTANT LABOUR COMMISSIONER AND APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT MYSURU DISTRICT, MYSURU. …RESPONDENTS (R1 TO R3 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE IMPUGNED ORDER DATED 30.07.2019 IN NO.PÁCªÀÄA-1 ¦fJ/¹Dgï-59/2017 ( ¸ÀPÁDªÉÄÊ/¦fJ/ ¹ Dgï-237/2014) MANDYA PASSED BY THE LABOUR OFFICER, MANDYA SUB DIVISION, MANDYA AND QUASH THE ORDER DTD 21.07.2020 IN NO. ¸ÀPÁDªÉÄÊ/¦fJ/ C¦Ã®Ä/¹Dgï-01/2019-20 MYSURU PASSED BY THE ASSISTANT LABOUR COMMISIONER AND CONTROLLING AUTHORITY MYSURU DIVISION MYSURU VIDE ANNEXURE-A AND B AND ETC. THIS PETITION, COMING ON FOR PRELIMIANR HEARING, IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER Learned Additional Government Advocate appearing for the petitioners submits that the issue in this writ petition is for payment of difference of gratuity during the period the first respondent was working as a daily wages employee, i.e., prior to regularization of her appointment. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010095222021 NC: 2026:KHC:55393 WP No. 11065 of 2022 2. This issue is pending before Apex Court in Civil Appeal No.564/2020. 3. In view of the above, this writ petition stands disposed of. Any order passed by the Apex Court in Civil Appeal No.564/2020 shall be applicable to the petitioners herein as well. Till then, the respondent Nos.2 and 3 are directed not to seek for implementation of the impugned order. (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 39 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA