Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:7592 WP No. 1504 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 1504 OF 2026 (L-PG) BETWEEN:
SMT. LAKSHMI AGED ABOUT 62 YEARS, W/O VENKATESH, R/AT NO.303, 2ND CROSS, SINGANAYAKANAHALLI, YELAHANKA HOBLI AND TALUK, BENGALURU-560064 …PETITIONER (BY SRI. SIDDESWARASWAMY S.B., ADVOCATE) AND:
1.
THE SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001
2.
THE SECRETARY, DEPARTMENT OF LABOUR VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001
3.
THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 001.
4.
THE LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT.
SUB-DIVISION -04 KARMIKA BHAVAN,
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:7592 WP No. 1504 of 2026
BANNERAGHATTA ROAD, BENGALURU-560 073
5.
THE MANAGING DIRECTOR M/S FAIRY FOOD PRODUCTS PRIVATE LIMITED, NO.47, "EUREKA", 1/F, CHURCH STREET, BENGALURU-560 001 …RESPONDENTS (BY SRI. M. RAJAKUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4;
VIDE ORDER DATED 09.02.2026, NOTICE TO RESPONDENT NO.5 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER AND DISPOSE OF THE REPRESENTATIONS DATED 13.01.2025 AND 16.06.2025, PRODUCED AT ANNEXURES-J AND K, AND CONSEQUENTLY DIRECT RECOVERY OF THE GRATUITY AMOUNT FROM THE RESPONDENT NO.5 IN TERMS OF THE ORDER PASSED BY THE RESPONDENT NO.4 DATED 22.01.2024 AND THE CERTIFICATE FOR RECOVERY OF GRATUITY DATED 22.08.2024, FOR A SUM OF RS. 68,654/- ALONG WITH INTEREST AT THE RATE OF 10% PER ANNUM FROM 03.03.2013 TILL THE DATE OF ACTUAL PAYMENT, IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
It is submitted that notice to respondent No.5 is not necessary as direction is sought against respondent No.3 to proceed further in accordance with law.
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HC-KAR NC: 2026:KHC:7592 WP No. 1504 of 2026
2. Under these circumstances, notice to respondent No.5 is dispensed with.
3. This petition is filed seeking writ of mandamus, wherein the petitioner claims that her representations dated 13.01.2025 and 16.06.2025 are not considered by the Deputy Commissioner/respondent No.3 though the representations are filed in accordance with the Payment of Gratuity Act, 1972 and the applicable rules.
4.
Learned counsel for the petitioner submits that the
order relating to the payment of gratuity passed by the competent authority has attained finality and recovery certificate is also issued in terms of Annexure - G.
5. Since it is urged that gratuity amount is not paid, the Deputy Commissioner/respondent No.3 has to proceed in accordance with law to recover the gratuity.
6. Under these circumstances, a direction is issued to the Deputy Commissioner/respondent No.3 to proceed further in accordance with law, in case gratuity is not yet paid. Before proceeding further, the Deputy Commissioner/respondent No.3
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HC-KAR NC: 2026:KHC:7592 WP No. 1504 of 2026
shall issue notice to respondent No.5 to ascertain as to whether the gratuity is paid or not. This exercise shall be completed within a period of thirty days from the date of receipt of certified copy of this order.
7. Since this order is passed without issuing notice to respondent No.5, respondent No.5 is permitted to move this petition for modification, if aggrieved.
8. Accordingly, this petition stands disposed of.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
PMR List No.: 1 Sl No.: 13