- 1 - HC-KAR CNR: KAHC010282582023 NC: 2026:KHC:55395 WP No. 11969 of 2023 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. 11969 OF 2023 (L-PG) BETWEEN: THE ASST. EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAM LIMITED NO. 9, HEMAVATHI CANAL SUB-DIVISION GUBBI TALUK, TUMKUR-572 216. …PETITIONER (BY SRI. K S BHEEMAIAH., ADVOCATE) AND: 1. THE ASST. LABOUR COMMISSIONER AND APPELLATE AUTHORITY BANGALORE DIVISION-1 BANGALORE-560 029. 2. THE LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT TUMKUR DISTRICT, TUMKUR-572 101. 3. THE SECRETARY TO THE GOVERNMENT WATER RESOURCES DEPARTMENT 3RD FLOOR, VIKASA SOUDHA BANGALORE-560 001. 4. SRI. GIRIAPPA S/O. LATE DASAPPA MAJOR Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010282582023 NC: 2026:KHC:55395 WP No. 11969 of 2023 RESIDENT OF RAMACHANDRAPURA KASABA HOBLI, TIPATUR TALUK TUMKUR DISTRICT TUMKUR-572 201. …RESPONDENTS (BY SRI.M RAJA KUMAR, AGA FOR R1 TO R3: R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-A DATED: 15.09.22, PASSED BY THE R2, THE LABOUR COMMISSIONER AND GRATUITY AUTHORITY, TUMKUR, IN CASE NO.KAAT/PGA/CR- 113/2018-19, AND THE ORDER DTD 29.04.2023 WHICH IS AT ANNEXURE-B, PASSED BY THE R1 THE ASST LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY, AT MYSORE IN APPEAL NO.SAKAABAN-1/PGA(A)/CR-21/2022-23 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 This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order dated 15.09.2022 vide Annexure-A passed by respondent No.2 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010282582023 NC: 2026:KHC:55395 WP No. 11969 of 2023 and the order dated 29.04.2023 vide Annexure-B passed by the respondent No.1. 2. The learned counsel for the petitioner submits that the question as to whether the period prior to regularization would be counted for the purpose of payment of gratuity is pending before the Apex Court in SLP (Civil) Diary No. 9156/2023 and he further contended that as per the order passed by the Controlling Authority, the entire gratuity amount given prior to the date of regularization has been deposited by the petitioner before the Controlling Authority while filing the appeal. 3. Since similar issue is pending before the Apex Court in the above stated petition, this writ petition stands disposed of, with an observation that, if the Apex Court decides the issue in favour of the petitioner and if the Apex Court declares that the period prior to the regularization would not count for the calculation of the gratuity, it is open for the Controlling Authority to refund the amount in favour of the petitioner. In case, if the Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010282582023 NC: 2026:KHC:55395 WP No. 11969 of 2023 petitioner fails before the Apex Court, the Controlling Authority is directed to release the amount in favour of respondent No.4. Till then, the Controlling Authority is directed to keep the amount in a fixed deposit. (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 55 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA