Case Note & Summary
The petitioner, Central Warehousing Corporation, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging an order dated 11-09-2023 passed by the 2nd respondent, the Controlling Authority under the Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (Central), Hubli, in No.48(9) 2020-A/H. The petitioner sought to set aside the said order and prayed for a writ of certiorari. The 1st respondent, Sri G.C. Bhat, was the employee who had been awarded gratuity by the Controlling Authority. The High Court, after hearing the petitioner's counsel on 10-01-2025, noted that the petitioner had been given opportunities to file objections but failed to do so. The court observed that the petitioner did not appear or file objections, and therefore, the petition was dismissed for non-prosecution. The court also dispensed with notice to the respondents in view of the proposed order. The judgment was delivered by Justice Suraj Govindaraj.
Headnote
A) Gratuity Law - Payment of Gratuity Act, 1972 - Section 7 - Challenge to Controlling Authority's Order - The petitioner-employer challenged the order of the Controlling Authority granting gratuity to the respondent-employee. The High Court dismissed the writ petition for non-prosecution as the petitioner failed to appear or file objections despite opportunities. Held that the petition is dismissed for non-prosecution. (Paras 1-5)
Issue of Consideration
Whether the order dated 11-09-2023 passed by the Controlling Authority under the Payment of Gratuity Act, 1972, granting gratuity to the respondent, should be set aside.
Final Decision
The writ petition is dismissed for non-prosecution.
Law Points
- Payment of Gratuity Act
- 1972
- Section 7
- Writ of Certiorari
- Articles 226 and 227 of Constitution of India
- Dismissal for non-prosecution
Case Details
2025 LawText (KAR) (01) 33
WP No. 102635 of 2024 (L-PG)
Sri. Gurudas Kannur, Senior Counsel for Sri. S.S. Niranjan, Sri. B.S. Karthikeyan and Smt. Ramya N. Hiriyur, Advocates
Central Warehousing Corporation
Sri G.C. Bhat and The Controlling Authority under the Payment of Gratuity Act & Assistant Labour Commissioner (Central), Hubli
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging an order of the Controlling Authority under the Payment of Gratuity Act, 1972.
Remedy Sought
Petitioner sought setting aside of order dated 11-09-2023 passed by the 2nd respondent Controlling Authority and issuance of a writ of certiorari.
Filing Reason
Petitioner challenged the order granting gratuity to the 1st respondent.
Previous Decisions
Order dated 11-09-2023 passed by the 2nd respondent Controlling Authority in No.48(9) 2020-A/H.
Issues
Whether the writ petition should be entertained despite petitioner's failure to file objections or appear.
Submissions/Arguments
Petitioner's counsel argued for setting aside the impugned order. No other arguments recorded as petitioner failed to file objections.
Ratio Decidendi
A writ petition challenging an order under the Payment of Gratuity Act, 1972, may be dismissed for non-prosecution if the petitioner fails to appear or file objections despite opportunities.
Judgment Excerpts
Notice to respondents is dispensed with the in view of the proposed order to be passed.
The petitioner is before this Court seeking the following reliefs...
Respondent No.1 has been served and has entered appearance through counsel.
Despite several opportunities having been granted, the petitioner has not filed any objections.
In view of the above, the petition is dismissed for non-prosecution.
Procedural History
The petitioner filed WP No.102635 of 2024 before the High Court of Karnataka, Dharwad Bench, challenging the order dated 11-09-2023 of the Controlling Authority. The matter came up for preliminary hearing on 10-01-2025. The court noted that respondent No.1 had been served and had entered appearance, but the petitioner had not filed objections despite opportunities. The court dismissed the petition for non-prosecution.
Acts & Sections
- Payment of Gratuity Act, 1972: Section 7
- Constitution of India: Articles 226, 227
