IN THE HIGH COURT OF KARNATAKA AT
DATED THIS THE 13th DAY OF AUGUST_?[0O<'3~'_';---«J: f
BEFORE
THE HON'BLE MR. JUSTICI.+;3.:4AJI'3'..._5.GfiN§jAL}"
WRIT PETITION No%;25~%47/%2oQs(se1:2es;%% 9
BETWEEN :
1.
gs
Sri.T.Basavarajappa, '% ' "
Aged about 65._years ,w _ '
S/0.'I'.SaI1g_appa-,. 4 _, _.
Senior {R'(:tdL),
PCA & RD A "
Door No.851'-/52, 3
Sri G1}i'i1'~§{:%upa",f:-3
2nd . '
Shivaklsgmara. Swamy. __ .. . é ,-
Badavafng 15* "i'2_téige,- '
Davangere. . " "
S':?i'}'B2.A'.:';11ixzara1'ii'a;j;1s1,
"AgedVaboL1t~-6_5 years,
r R¢::.t'd., f;¥=f:cr€:ta1y,
1-'CA &. an Bank,
Sri.Rama Badavane,
AA Ashfinka Nagar,
Behind Yaragunte,
V ' 'flavangere.
ESI'i.Ra111achandI'a Airanai,
Aged about 61 years,
S / o. Bheemappa,
Rfttti, Accountant,
PCA 82; RD Bank,
ORDER
It is noticed that respondent No.2 is seweti _
nmrepresented.
2. Even though the matter isioriii
hearing, with consent, it is
inasmuch as according to.__the; a\\#¢e1}t..;,,s the
respondents, the subject’ petition is
covered by a the case of
v/s. Registrar
of V ‘ others reported in
ILR 20% KAR.3iss’s.% ‘ V
retired employees of PCARD
the decision of this Court in
zAi”‘v”W.P.No;.21831-@005 and also that of the decision
to-* supra, the employees of the Cooperative
entitled to get gratuity under the Payment of
Vi .:C}i’attiity Act, 1972 as it is more beneficial compared tcfl
/
4/
tbengzets naangjro% terms of me judgment of the full
The petitioners having retired
from are certainly dependent on the terminal
gratuity for the service rendered by the
V. -floetitiioners. Consequently, following order is passed:
the Gratuity payable under the Cooperative Societies
Act and Rules.
4. The grievance of the petitioners ‘4
have been denied the payment of-._i:_;
Payment of Gratuity Act, 1972’;
5. The learned comise} jfietitioner
submits that the petitioners’ benefit
under the provisfionjsslhof V Act and
not in terms. of tiofolfierative Societies
Act. are entitled to
succeed .
the. petitioners are entitled to all the
(a) Petition stands allowed.
(b) Annexure ‘C’ is quashed. /fl
/7
-5-
(0) Respondents are directed to make a payment 9:”
the amount due to the petitioners withjxi.
period of three months from the date of
of this order.
Rule is issued and made absollite. ”
7. Mnshashidhar s.1<ara:né;;i:,k mneat Hm?
appearing for respondent' 1 to filét xiaemo
4' sd/….
A Judge