- 1 - HC-KAR NC: 2026:KHC:4417 WP No. 10909 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 10909 OF 2020 (L-PG) BETWEEN: 1. THE ASST. EXECUTIVE ENGINEER, CAUVERY NEERAVARI NIGAM LIMITED, KANVA PROJECT MODERNISATION SUB-DIVISION, CHENNAPATNA, RAMANGAR DISTRICT 571501. 2. THE MANAGING DIRECTOR, CUAVERY NEERAVARI NIGAM LIMITED, CUAVERY BHAVAN COMLEX, GOKULAM 4TH STAGE, MYSURU-571114. …PETITIONERS (BY SRI K S BHEEMAIAH, ADVOCATE) AND: 1. THE DEPUTY LABOUR COMMISSIONER AND APPELLATE AUTHORITY, DIVISION-3, KARMIKA BHAVANA, BANGALORE-560029. 2. THE ASSISTANT LABOUR COMMISSIONER, CONTOLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, BENGALURU DIVISION-1, KARMIKA BHAVANA, BANNERGATTA ROAD, BENGALURU-560029. 3. PUTTATHAYAMMA, AGED ABOUT 60 YEARS,W/O.LATE MADAIAH, 4. VISHALAKSHI AGED ABOUT 38 YEARS,D/O LATE MADAIAH, 5. VEENA D/O LATE MADAIAH,AGED 36 YEARS Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4417 WP No. 10909 of 2020 6. SHIVAMURTHY AGED ABOUT 34 YEARS,S/O LATE MADAIAH, 7. MAHESH AGED ABOUT 32 YEARS,S/O LATE MADAIAH, ALL ARE RESIDENT OF MALLANAKUPPE MALLANAYAKANA HALLI POST, AATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT 571433. …RESPONDENTS (BY SRI M RAJAKUMAR, AGA FOR R1 AND R2, SRI K GOVINDARAJ, ADVOCATE FOR R3 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FR THE RECORDS ON THE FILE OF R-1, THE DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY, AT BANGALORE IN RESPECT OF APPEAL AND ON THE FILE OF THE R-2 ASSISTANT LABOUR COMMISSIONER IN RESPECT OF NO.ALCB-1/PGA/CR-104/2013-14 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 ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the order passed by the Controlling Authority as well as the Appellate Authority wherein the authorities have held that the employees who have discharged the duty as daily wagers are also entitled to the benefit under the Payment of Gratuity Act, 1972 for the said period. - 3 - HC-KAR NC: 2026:KHC:4417 WP No. 10909 of 2020 2. It is submitted by the learned counsel for the petitioners that the Division Bench of this Court has held in favour of such employees and against the order, a Special Leave Petition is pending before the Apex Court wherein the operation of the order passed by the Division Bench is stayed. It is also further submitted that the respondents have withdrawn the amount deposited before the Controlling Authority. 2. Under these circumstances, the Court is of the view that the petition is to be dismissed with an observation that in case, the issue is answered in favour of the petitioners by the Hon'ble Apex Court, liberty is reserved to the petitioner to reopen the matter, for consideration on merits. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn List No.: 1 Sl No.: 62