IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT APPEAL NOs.253-254 OF 2015 (S-RES) BETWEEN:
1. JAGADESH CHANDRA, AGED ABOUT 67 YEARS, RESIDING AT NO.376, 2ND CROSS, THOTADA RASTHE, 2ND STAGE, KUVEMPU NAGARA, MANDYA-571 401.
2. SRI M. K. KABBUR, AGED ABOUT 66 YEARS No.1780/7, 6TH CROSS VINAYAKA BHADAVANE VIDHAYA NAGAR, DAVANAGERE-577 001. ...APPELLANTS (BY SRI UDAYA KUMAR R. L., ADVOCATE) AND:
KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., TIPPU SULTAN PALACE ROAD, CHAMARAJPET, BENGALURU- 560 001, (REPRESENTED BY ITS MANAGING DIRECTOR) …RESPONDENT (BY SRI J. M. RAJANNA SHETTY, ADVOCATE) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION Nos.55566-67 OF 2014 DATED 17.12.2014.
***** THESE WRIT APPEALS COMING ON FOR HEARING THIS DAY, RAVI MALIMATH.,J DELIVERED THE FOLLOWING:
J U D G M E N T Aggrieved by the order dated 17.12.2014 passed by the learned Single Judge in writ petition Nos.55566-
67 of 2014, the petitioners therein have filed these appeals.
2. The plea of the petitioners is that though there was a direction to the Respondent Co-operative Societies to calculate and pay difference of gratuity amount to the petitioners in terms of Rule 18(4) of the Karnataka Co-operative Societies Rules, 1960, the learned Single Judge has dismissed the petitions.
3. The appellants’ counsel submitted that in identical circumstances where similarly placed employees sought for such relief, the learned Single Judge by order dated 16.08.2011, in writ petition Nos.20968 to 20976 of 2011, allowed the petitions. The said order was challenged in Writ appeal Nos.17158 to 17166 of 2011. By an order dated 06.06.2012, the appeals were dismissed. Aggrieved by the same, the respondents have filed Special leave petition (S.L.P.) Nos.34218-34226 of 2012 before the Hon’ble Supreme Court. By the order dated 26.11.2012, the Hon’ble Supreme Court held as follows:
“Having regard to the facts and circumstances of the case, particularly, the quantum of the amount involved, we are not inclined to exercise our jurisdiction under Article 136 of the Constitution of India. The special leave petitions are dismissed accordingly. The question of law sought to be raised is, however, kept open to be decided in an appropriate case.”
4. Under these circumstances, we are inclined to follow the earlier order passed by the learned Single Judge. The employees herein being the employees similar to the employees, who have sought for the same relief, are entitled to the same relief. The order passed by the earlier learned Single Judge was admitted in the writ appeal and there is no interference by the Hon’ble Supreme Court. What has been stated is that question of law is kept open to be decided in an appropriate case. Therefore when one employee is receiving the benefit necessarily, the other also would be entitled for the same relief. The question of law left open has to be decided in an appropriate case, when necessary directions are issued in terms of the order passed by the Hon’ble Supreme Court.
5. Under these circumstances, the writ appeals are allowed. The order dated 17.12.2014 passed in writ petition Nos.55566-67, by the learned Single Judge, is set aside.
The writ petitions are allowed.
Respondent No.1 is directed to calculate and pay difference of gratuity amount to the appellants in terms of Rule 18(4) of the Karnataka Co-operative Societies Rules, 1960 read with Rule 16 of the Subsidiary Rules.
Sd/- JUDGE Sd/- JUDGE HR