IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.42762 OF 2016 (L-PG) BETWEEN SMT. PREMA AGED ABOUT 58 YEARS D/O SRI.S.V.RAMACHANDRAN R/A NO.108, CHITRAMALA APARTMENTS BYRASANDRA BENGALURU-560 001 (BY SRI. V S NAIK, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, K.G.ROAD BANGALORE-560 009 ... PETITIONER 2. THE SPECIAL TAHASILDAR (ADDITIONAL) BANGALORE NORTH TALUK SHARAVATHI BUILDING 4TH FLOOR, YELAHANKA BANGALORE-560 064 3. THE ASST. LABOUR COMMISSIONER & THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 DIVISION NO.4, KARMIKA BHAVANAN BANNERGHATTA ROAD BANGALORE-560 029 (BY SRI. S.V. GIRI KUMAR, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR ENTIRE RECORDS FROM THE RESPONDENTS PERTAINING TO ANNEXURE-A, AND DIRECT R-1 & 2 TO RECOVER THE GRATUITY AMOUNT WITH INTEREST DUE FROM THE MANAGEMENT OF THE AMANATH CO-OPERATIVE BANK LIMITED, AS PER THE RECOVERY CERTIFICATE ISSUED BY R-3 THE DETAILS OF WHICH ARE MENTIONED IN ANNEX-A DATED 17.07.2015 SINCE FAILURE TO RECOVER THE AMOUNT OF GRATUITY / INTEREST DUE TO PETITIONER BY R-1 & 2 IS IN VIOLATION OF SEC. 8 OF THE ACT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The petitioner was appointed as a Clerk in The Amanath Co-operative Bank Limited, Shivajinagar, Bangalore, on 23.03.1983. The petitioner resigned from the services of the Bank with effect from 07.09.2012. The resignation submitted by the petitioner was accepted by the Management on 06.11.2012. By order dated 17.07.2015, the third respondent-Assistant Labour Commissioner and the Controlling Authority under the Payment of Gratuity Act, 1972, allowed the gratuity claim made by the petitioner. The third respondent thereafter issued recovery certificate on 17.07.2015 and forwarded the same to the first respondent- Deputy Commissioner, Bangalore Urban District to recover the said sum of Rs.3,45,256/- along with interest at 10% p.a. from 22.03.2012 till the date of recovery from the management of the Bank, as arrears of land revenue.
2. The first respondent has issued directions to the second respondent-Special Tahsildar, Bangalore North Taluk, by communication dated 24.08.2015, for compliance of the directions issued by the third respondent.
3. The learned Counsel for the petitioner submits that inspite of several reminders being issued to the respondents, the respondents No.1 and 2 have failed to initiate action and recover the said sum, in terms of the recovery certificate issued by the competent authority.
4. The learned Additional Government Advocate submits that the respondents No.1 and 2 are duty bound to initiate action and recover the amount as directed by the competent authority.
5. In view of the above, the first respondent-Deputy Commissioner, Bangalore District and the second respondent-Special Tahsildar, (Additional), Bangalore North Taluk, Bangalore, are hereby directed to implement the order of recovery issued by the third respondent herein vide Recovery Certificate dated 17.07.2015 as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order.
Accordingly, the petition stands allowed. No order as to costs.
SD/- JUDGE JT/-