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2026 DAILYLAW 6794 (KAR)

THE EXECUTIVE ENGINEER v. THE ASST LABOUR COMMISSIONER AND APPELLATE AUTHORITY

WP/11967/2026 · 2026-04-21

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21787 WP No. 11967 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 11967 OF 2026 (L-PG) BETWEEN: 1. THE EXECUTIVE ENGINEER, CAUVERY NEERAVARI NIGAMAR LIMITED, HEMAVATHI CANAL DIVISION, TUMAKURU - 572 101. 2. THE ASSISTANT EXECUTIVE ENGINEER, CAUVERY NEERAVARI NIGAMA LIMITED, NO.7, HEMAVATHY CANAL SUB-DIVISION, KUNIGAL ROAD, TUMAKURU - 572 130. …PETITIONERS (BY SRI. BHEEMAIAH.K.S., ADVOCATE) AND: 1. THE ASST. LABOUR COMMISSIONER AND APPELLATE AUTHORITY, BANGALORE DIVISION NO.1, BANGALORE - 560 001. 2. THE LABOUR COMMISSIONER AND CONTROLLING AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21787 WP No. 11967 of 2026 MADHUGIRI SUB-DIVISION, MADHUGIRI - 572 132. 3. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, ANANDA RAO CIRCLE, BENGALURU - 560 001. 5. THE MANAGING DIRECTOR, CAUVERY NEERAVARI NIGAMA LIMITED, WATER RESOURCES CAMPUS, ANANDA ROA CIRCLE, BANGALORE - 560 001. 6. THE CHIEF ENGINEER, CAUVERY NEERAVARI NIGAMA LIMITED, HEMAVATHI CANAL ZONE, KUNIGAL ROAD, TUMAKURU - 572 101. 7. THE SUPERINTENDENT ENGINEER, CAUVERY NEERAVARI NIGAMA LIMITED, HEMAVATHI CANAL CIRCLE, TURUVEKERE, TUMKURU - 572 227. 8. SRI. SIDDAPPA, MAJOR, S/O. LATE CHIKKARANGAPPA, RESIDENT OF THATHA VILLAGE AND POST, - 3 - HC-KAR NC: 2026:KHC:21787 WP No. 11967 of 2026 KORATEGERE TALUK, TUMAKURU DISTRICT - 572 129. …RESPONDENTS (BY SRI.RAJAKUMAR M., AGA FOR R1 TO R3; SRI.MAHESH M., ADVOCATE FOR SRI.K.GOVINDARAJ, ADVOCATE FOR R8; NOTICE TO R4 TO R7 IS DISPENSED WITH VIDE ORDER DATED 21.04.2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS ON THE FILE OF RESPONDENT NO.1, THE ASST. LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY, AT BANGALORE, IN RESPECT OF APPEAL NO. SAKAABAN- 1/PGA(A)/CR-02/2025, AND ON THE FILE OF THE RESPONDENT NO.2, THE LABOUR COMMISSIONER, PAYMENT OF GRATUITY, AT OF DISPUTE MADHUGIRI SUB-DIVISION, MADHUGIRI, IN RESPECT NO.KAAT/PGA/CR-11/2023-24 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard Sri.Bheemaiah K S, learned counsel for the petitioners, Sri. Rajkumar M, learned AGA for respondent Nos. 1 to 3 and Sri. K Govindaraj, learned counsel for respondent No.8. - 4 - HC-KAR NC: 2026:KHC:21787 WP No. 11967 of 2026 2. This petition is filed challenging the orders dated 19.12.2024 and 31.12.2025 by the Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972. 3. Learned counsel appearing for respondent No. 8 would submit that the amount ordered to be paid is already paid and the respondent No. 8 has received the amount, as such, the petition would become infructuous. 4. Learned counsel for petitioners would submit that, the petition does not become infructuous, if the petition is allowed, the petitioners are entitled to claim recovery under law. 5. It is further submitted that the issue raised in the present petition is under consideration by the Apex Court in the pending Special Leave Petition. - 5 - HC-KAR NC: 2026:KHC:21787 WP No. 11967 of 2026 6. In this background, the Court is of the view that, in case the issue raised and under consideration by the Apex Court in the pending Special Leave Petition is answered in favour of the present petitioners, the present petitioners are at liberty to file the application to revive the present petition. With the above observations, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE BSV List No.: 1 Sl No.: 37