Full Judgment Text
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NC: 2026:KHC-D:6031
WP No. 103801 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
TH
DATED THIS THE 24 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 103801 OF 2019 (L-PG)
BETWEEN:
1. THE SUPERINTENDENT ENGINEER (ELECL),
HESCOM O AND M CIRCLE, ANDIWADA VASE,
POWER HOUSE COMPOUND, HUBBALLI,
DIST: DHARWAD.
2. THE EXECUTIVE ENGINEER (ELECL),
HESCOM, O AND M DIVISION,
MULGUND NAKA, GADAG,
DIST: GADAG.
… PETITIONERS
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
AND:
1. NAGAPPA S/O RINDAPA MALAGAVI,
AGED ABOUT 75 YEARS,
OCC: RETIRED EMPLOYEE,
R/O: SHARANABASAVESHWARNAGAR,
BETAGERI, TQ: GADAG, DIST: GADAG.
2. THE ASSISTANT LABOUR COMMISSIONER
AND APPELLATE AUTHORITY UNDER GRATUITY ACT,
SRINATH COMPLEX, HUBBALLI.
3. THE ASSISTANT LABOUR COMMISSIONER
AND APPELLATE AUTHORITY, BELAGAVI,
DIST: BELAGAVI.
… RESPONDENTS
(BY SRI. PRAKASH R. BADIGER, ADVOCATE FOR R1; [ABSENT]
SRI. P.N. HATTI, HCGP FOR R2-R3)
Digitally
signed by
SAMREEN
AYUB
DESHNUR
Location:
HIGH
COURT OF
KARNATAKA
SAMREEN
AYUB
DESHNUR
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HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Shivakumar S.Badawadagi, counsel for the petitioners
and Sri.P.N.Hatti, HCGP for respondents 2 and 3, have appeared
in person.
There is no representation on behalf of respondent No.1,
either personally or through video conferencing. The petition was
listed on 22.04.2026. On that day also, there was no
representation on behalf of respondent No.1. For the appearance
of counsel for respondent No.1, it was ordered to be listed on
24.04.2026. It was also ordered that if none appears on behalf of
respondent No.1 on the next date of hearing, the Court will
proceed to pass appropriate orders on the merits of the case. As
already noted above, there is no representation on behalf of
respondent No.1, either personally or through video
conferencing. Hence, the Court proceeds to pass orders on the
merits of the case.
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2. The Writ Petition is filed seeking the following reliefs:
“i) Issue a writ in the nature of Certiorari, thereby
rd
quashing the order dated 26.03.2018, passed by the 3
respondent, the Assistant Labour Commissioner and
Appellate Authority U/PGA div. Belagavi, Belagavi in
SaKaaAaBe/Upaka/Appeal/Cr-15/2017, the copy of the
Annexure-B
same is produced and marked as to the writ
petition and consequently, be pleased to allow the same by
dismissing the Order dated 28.01.2016 in
nd
UPaka/CR:105/2013-14, passed by the 2 respondent,
Assistant Labour Commissioner Appellate Authority, under
Gratuity Act, Hubballi and the copy of the same is at
Annexure-A in the interest of justice and equity.
ii) Issue such other relief and further relief as are
deemed fit by this Hon’ble Court to grant in the facts and
circumstances of this case in the interest of justice and
equity.”
3. The orders of the Gratuity Authorities are called into
question in this Writ Petition on several grounds as set-out in the
Memorandum of Writ Petition.
4. Counsel for the respective parties urged several
contentions.
5. Sri. Shivakumar S.Badawadagi, counsel for the
petitioners, submits that a memo has been filed furnishing a true
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HC-KAR
copy of the notification dated 21.11.1988 and places reliance on
the decision of the Division Bench of this Court in Writ Appeal
Nos. 3501-3636/2013, disposed of on 16.02.2015, to
contend that HESCOM is exempted from the applicability of the
provisions of the Payment of Gratuity Act.
6. Urging other contentions, AGA submits that the
petition is devoid of merit and the same may be dismissed.
7. Heard the arguments and perused the Writ papers
with care.
8. The issue falls within a narrow compass and hinges
solely upon the applicability of the Payment of Gratuity Act,
1972, to the Hubli Electricity Supply Company Limited
(HESCOM). It is not in dispute that the first respondent was
employed as a Junior Engineer in HESCOM and attained the age
of superannuation on 17.02.2001, whereupon the gratuity
payable under the service regulations was duly disbursed by
HESCOM. Strangely, after an inordinate lapse of twelve years,
the first respondent instituted an application before the
Controlling Authority on 22.10.2013 seeking further gratuity,
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accompanied by an application for condonation of delay. The
Controlling Authority, placing reliance upon decisions of the Delhi
High Court and of this Court, condoned the delay and directed
HESCOM to pay the gratuity.
This direction is wholly untenable, when the provisions of
the Payment of Gratuity Act, 1972, itself is not applicable to the
HESCOM, in view of the Government notification
dated:21.11.1988. Consequently, the order of the Controlling
Authority is bereft of legal foundation. The Authority has failed to
have regard to the relevant statutory considerations and has
disregarded matters germane to the issue. The impugned order,
therefore, cannot be sustained in law.
9. The Writ of Certiorari is accordingly issued. The order
dated 28.01.2016, passed by the Controlling Authority
(Annexure-A), and the order dated 26.03.2018, passed by the
Appellate Authority (Annexure-B), are quashed.
10. Resultantly, the Writ Petition is allowed .
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In view of the disposal of the Writ Petition, the amount in
deposit, if any, is directed to be released/ refunded in favor of
the Corporation.
Sd/-
(JYOTI M)
JUDGE
RH
LIST NO.: 1 SL NO.: 47