STATE OF KARNATAKA Vs. RAMAKKA

JUDGEMENT

(1.) THE State is in appeal challenging the order dated 25-05-2011 made in W.P.No.4862/2011 passed by the learned Single Judge, wherein the learned Single Judge dismissed the writ petition filed by the State, upholding the order dated 30th May 2005 passed by the Controlling Authority under the Payment of Gratuity Act and the Assistant Labour Commissioner, Mangalore Division, Mangalore.

(2.) THE appellants filed the writ petition challenging the order dated 30th May 2005, passed by the Controlling Authority, contending that the said order is contrary to law since the husband of the first respondent is not the permanent employee and the Competent Authority has no jurisdiction to pass the order impugned. The Payment of Gratuity Act is not applicable to the case of the first respondent and the order passed by the Controlling Authority directing the appellants to pay a sum of Rs.27,572.00 towards gratuity is contrary to law. The learned Single Judge after considering the matter in detail found that though the Controlling Authority passed the order on 30th May 2005, the writ petition came to be filed on 25-1-2011. There is inordinate delay of 6 years in preferring a writ petition. The explanation offered for condonation of delay does not constitute sufficient ground to condone the inordinate delay. Further, the Law Department has taken a decision not to prefer an appeal, in spite of that, writ petition has been filed. Apart from that, against the order passed by the Controlling Authority, the appellants have got an alternative remedy of an appeal under Section 7(7) of the Payment of Gratuity Act without exhausting the said remedy, the writ petition has been filed. The amount involved is very small amount. Accordingly, dismissed the writ petition. Being aggrieved by the same, the present writ appeal has been filed.

(3.) THERE is inordinate delay of 386 days in filing the appeal.