IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.11260 OF 2015 (L-PG) Between:
1. The Secretary to Govt: Department of Education, (Primary and Secondary) Vikasa Soudha, Bangalore-560 001.
2. The Head Master, Basappa Nanjundappa, Govt., High School, Hadinaru, Nanjangud Taluk, Mysore District.
(By Sri.A.C., Balaraj, HCGP) And:
1. Sri. Nagappa, S/o late Kalappa, C/o Devappa, Halagaiahnahundi, Vajamangala Post, Varuna Hobli, Mysore Taluk and District-575 001.
2. The Assistant Labour Commissioner, And Controlling Authority under the Payment of Gratuity Act, Mysore Division, Mysore-575 001.
…Petitioners ...Respondents (By Sri. A.Dharmesh, Advocate for Sri.G.B.Sharath Gowda, Sharath and Associates, Advocate for R1. ) This Writ Petition is filed under Article 226 of Constitution of India praying to quash the judgment order dated 22.10.2012 vide Annexure-A and etc., This Writ Petition coming on for Preliminary hearing in ‘B’ Group this day, the Court made the following:-
ORDER Petitioners have approached this Court without exhausting statutory remedy of appeal against the order of Assistant Labour Commissioner and Controlling Authority, dated 22.10.2012.
In view of the above, petition stands disposed of reserving liberty to the petitioners to approach Appellate Authority.
Appellate Authority is directed to consider the delay in filing the appeal, since the petitioners were pursuing the matter in present petition.
Sd/- JUDGE SB