IN TKE HIGH C0133?!' OF KAR.l'4IATAK.A AT ISAHGALORE
8
ANE):
1
DATED THES THE 6"' DAY OF JANUARY, 2009
BBFQRE
THE HON'BLE§ }VfR.JUS'I'ICE SUBHASH BAIZBI
WRIT PETITION NO.14541li._20{)7fL~PGr)
BE:
THE CANARA SALES CORPORATION PV1' LTD -1' % =
A COMPANY INCORPORATED UNDER _
PROVISIONS 01? THE COMPANEES A.::'r,'--1955, . ' "
HAVING rrs REGD oppzcg A*m:pD1A'L:3AzL *_
MANGALORE ~ 575 003, .
REP BY ITS CHAIRMAN AND
MANAGING DIREC3'I'0R'" . ' %
MR Liv. KUDVA, AGED66 YE--AR.;_S,;
3/0. LATE v.s. KUDVA,
R/CL MANf3AL€;}F2_E,
; 'JPETITIDNER
(By Sri i:V 'A_V;:E$i¢i*;§2{z§. "Ié".S_I§I §{RiSHNA, ADVS.)
MR NEELAPPA ixmléf A
SIG. 1MAHAL-INGAV ;;~zA;1c "
MAJ;OR,;BALUQI_ HOUSE
* :I VILLEG-E'
'*'r§1I§:r.;A1;m;):«.posT
' P¥}T'?U'§!2T.fiLL§:K--_D.K.
'1'§iBv%ASs:'u'5'rA§9?:4 LABOUR
CO-MMI§S:SIQ.NER AND CON'I'R()LLiNG
AU'I"'HORI'I'Y UMBER THE PAYMENT or:
GRATUITY ACT,
. MAEGALORE -2
2T}§E Ii}EPUTY LABOUR CZOMMISSKJNER
AND THE APPELLATE AUTHORYTY
"UNDER THE PAYMENT oz?
GRATUETY ACT, 1972
HASSAN DlViSi()N
HASSAN , RELSPONIIIENTS
(By Sri: JAGADEESH MUNDARGI, HCGP, FOR R2 firs R3)
he is%'.:.:§iat1ed'%£5:>._.p;§g.*:ficn: of gatuity of Rs.15,6(}O/-. Initially
served on the petifioner, he did not appear
' _ empaxtc before the Controlling Authority.
pfifitiflflfll' appeared and filed objection statement
_ ir."%f:e'r::££ic:z denying the payment and also the service mndarcd by
Vrespondent: worlman and 3139 stated that the respondent
Qzvoriman has caused loss to the petitioner: Company and in this
-2-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND :22? 01? THE C:ONS’I’I’I’U’I’I(i)N OF mam, PRAYENG ‘;*0; SET
ASIDE ‘l”H{‘} IMPUGNJ-:3!) ORDER OF THE} 33-431) RE.SPUNL)1:}N’l’
m*.5.?,2oo7 umomrm THE 01259552 or Tim. zzma
RESPONDENT m*.21.3.2006 PASSED VIBE ANNEXURES 3 ‘.3; A
RESPECFIVELY.
THIS PE’§’I’I’I()N (ZICEMING on FOR PRLY. }1E.*g}i:Ir~;{}:§7?B’ ”
GROUP THIS mar. THE coum’ MADE THE FOLL(_)3.¥{N{3;: ._ ”
QEER
i3ctit:io11c;r has called in qucsfi.gix…thc “61~L1ficr.paé..é.逧 b}z.. the
2nd respondent dated 23.3.2095 a;§pez§1Mp-ggsze the
1*’ respondent on 53.2007 ‘B’.
2. Respondenfi, a éecfion 7 of the
Payment of made there under,
iniezralia as a Manager in tha
pcfifioncr and has worked till
16.11.20!) 1, n. th_.éi §cn.d.e:red his resignation and
fig,-flf.;er _:i;.”*;§’t. fvorkcd for 14 ycam 7 months. He
basic pay was Rs.2080/- and aileged that,
regard there is criminal case {sending bcfert: the JMFC Court
e”3:.–
Contzmlling Authority ccsnsidexing the material pmduceé before
it, heki that, the respondent workman has established that__I1e
had worked for 14 years ‘? months and he had A’
resigation on 16.11.2001 and also obsezvcd that, *
is entitled for payment of gratuity. In so fa;1i..a$_ the V4
the respondent has caused financial :’§::ss5;”‘ [$5 the if
CGIIIPEIIY and the matter is pendingV_be_t’oze theV@.IMF the %
Controlling Authority obsexved that, fdffeituxe
ef gratuity amount is passVe:ifl”a_3q.cA’.V_ *-.ti1z.1A”t~tthe msponcient
workman is entitled fer paymezzt iof 25,800/– in
all.
tw-
3. Being {i11i.Es.-1;, the petitioner filed an
appeal befo:e._flie under Section 7(7) of the
Payment of Appeilate Authority on
I’CCO;1Sid§1’g§£éQ#3 gf matter found that the material
‘«IeS.pondent workxnan establishes that he had
~gvorked– to l6.11.%{}1 and far this period he is
fer paggneiit of gratuity.
‘T counsel apfieaxing for the petitioner submitted
‘ authorities have not considered the ease of the
. He also submitted that, the respondent has not
..V”tt.4″A”et§txa’b1ished that, he has Worked for :4 years 7 months, and he
is not entitled fez’ payment of gratuity.
_ ‘V . ‘ ~
5. The Controlling Authority has relied on the document
produced by the respondent werlrrnan and has found that,
respondent has worktzd for 14 years 7 months and has
found that the Last basic pay was Rs.2080/ — and further V
no orcier of forfeiture passed by the Management. .
there is no materiafi as to why’ the mspongicnfiéis 1_-abf
the gratuity I « « ‘ 4’ V
5. In the light of the Inate1’iaI»§}fG{i’ucc€i” by $1;é»v;fé§;§bndc§1t
WOT1{}33a11, I find that the any
error. in vigzw of t.b.c . i with the
orders impug¥I1ed.::’ :: .»- L V
Accordmr &f:V–Vx’i}.$ ‘am is dismissed.
S:-.5. Jagaaegsn High Court Government
Pleadcr, is éf Appearance in four weeks.
Sd/-3
Iudg3