Karnataka High Court
M/S Beml Limited vs The Controlling Authority on 18 July, 2018
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 18TH DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.507 OF 2010(L-RES)
AND
WRIT PETITION NOS.986 TO 995 OF 2010 (L-RES)
BETWEEN:
M/S.BEML LIMITED
K.G.F. COMPLEX,
BEML NAGAR,
K.G.F. - 563 115
REPRESENTED BY ITS
CHIEF GENERAL MANAGER-(IR AND LEGAL)
MR.B.R.S.REDDY. ... PETITIONER
(BY SRI N.S.NARASIMHA SWAMY, ADVOCATE)
AND:
1. THE CONTROLLING AUTHORITY UNDER
THE PAYMENT OF GRATUITY ACT 1972,
AND ASSISTANT LABOUR COMMISSIONER(C)
SHRAM SADAN, III CROSS, III MAIN,
II PHASE,
TUMAKURU ROAD, YESHWANTHPUR,
BENGALURU - 560 022.
2. SRI P.SAVARIDOSS (DECEASED)
EXPIRED ON 16.09.2009
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S/O PONNU AROCKIADOSS,
EX. CONTRACT WORKER, EX SERVICE ASSN.
NO.71, B BLOCK,
CHAMPION REEF POST,
K.G.F. - 563 121.
2.(a) *SMT.ELIZABETH
W/O SRI P.SAVARIDOSS,
AGED ABOUT 57 YEARS
RESIDING AT NO.71, 'B'BLOCK,
CHAMPION REEFS POST,
KGF - 563 121.
2.(b) ANTHONY DAILI (DAUGHTER)
AGED ABOUT 38 YEARS
D/O SRI P.SAVARIDOSS,
RESIDING AT NO.71, 'B'BLOCK,
CHAMPION REEFS POST,
KGF - 563 121.
2.(c) SAGAYA BABU
S/O SRI SAVARIDOSS,
AGED ABOUT 35 YEARS
RESIDING AT NO.71, 'B'BLOCK,
CHAMPION REEFS POST,
KGF - 563 121.
2.(d) JAGAN RICHARD
S/O SRI SAVARIDOSS,
AGED ABOUT 33 YEARS,
RESIDING AT NO.71, 'B'BLOCK,
CHAMPION REEFS POST,
KGF - 563 121.
2.(e) THANGA MENAH
S/O SRI SAVARIDOSS,
AGED ABOUT 32 YEARS,
RESIDING AT NO.71, 'B'BLOCK,
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CHAMPION REEFS POST,
KGF - 563 121.
*AMENDMENT CARRIED OUT AS PER ORDER DATED
3. SRI K.GANGADHARAN (DECEASED)
EXPIRED ON 13.2.2008
S/O KANDASWAMY,
EX.CONTRACT WORKER, EX SERVICE ASSN.
MORISON COMPOUND,
NEAR FIVE LIGHTS,
OORGAUM POST,
K.G.F.- 563 120.
3.(a) *SMT.RANI (WIFE)
W/O SHRI K.GANGADHARAN
AGED ABOUT 52 YEARS,
RESIDING AT MORISON COMPOUND,
NEAR FIVE LIGHTS,
OORGAUM POST,
KGF - 563 120.
3.(b) G.MANI (SON)
S/O SHRI K.GANGADHARAN
AGED ABOUT 38 YEARS,
RESIDING AT MORISON COMPOUND,
NEAR FIVE LIGHTS,
OORGAUM POST,
KGF - 563 120.
3.(c) G.VELU (SON)
S/O SHRI K.GANGADHARAN
AGED ABOUT 20 YEARS,
RESIDING AT MORISON COMPOUND,
NEAR FIVE LIGHTS,
OORGAUM POST,
KGF - 563 120.
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3.(d) PARIMALA (MAJOR)
D/O SHRI K.GANGADHARAN
RESIDING AT MORISON COMPOUND,
NEAR FIVE LIGHTS,
OORGAUM POST,
KGF - 563 120.
*AMENDMENT CARRIED OUT AS PER ORDER DATED
4. SRI S.THIMMAIAH
S/O S.THIMAPPA,
EX CONTRACT WORKER, EX SERVICE ASSN
DODDACHINNAHALLI POST,
BANGARPET TALUK,
KOLAR DISTRICT.
5. SRI MUNIVENKATAPPA
S/O VENKATAPPA,
EX CONTRACT WORKER, EX SERVICE ASSN
DODDACHINNAHALLI POST,
BANGARPET TALUK,
KOLAR DISTRICT.
6. SRI U.GOVINDAPPA
S/O SRI UJINAPPA,
EX CONTRACT WORKER, EX SERVICE ASSN
DODDACHINNAHALLI VILLAGE AND POST,
BANGARPET TALUK,
KOLAR DISTRICT.
7. SMT.SIDDAMMA
W/O SRI SIDDAPPA,
DECEASED CONTRACT WORKER
RAGHAVENDRA ENTERPRISE
NO.284, DASARAHALLI EXTN.
D.K.HALLI POST,
BANGARPET TALUK,
KOLAR DISTRICT.
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8. SRI BETAPPA
S/O SRI MUNEPPA,
EX CONTRACT WORKER, EX.SERVICE ASSN
CHIKKAKALLI HALLI KEMPAPURAM POST,
GUNAMADAMANGALA,
BANGARPET TALUK,
KOLAR DISTRICT.
9. SMT.S.JANAKI
W/O LATE SRI GANESH
DECEASED CONTRACT WORKER
OF ABHINAYA ENTERPRISE
RAMAN KOVIL STREET,
OORGAUMPET,
KOLAR GOLD FIELDS.
10. M/S.EX.SERVICES ASSOCIATION
BEML NAGAR POST,
KOLAR GOLD FIELDS - 563 121.
11. M/S.RAGHAVENDRA ENTERPRISES
NO.84, GUNDU CHETTY STREET,
ASHOK NAGAR,
OORGAUM POST,
KOLAR GOLD FIELDS - 563 120.
12. M/S.ABHINAYA ENTERPRISES
NO.1321, I CROSS,
VIVEKANAGAR,
ROBERTSONPET,
KOLAR GOLD FIELDS - 563 122.
13. THE APPELLATE AUTHORITY UNDER
THE PAYMENT OF GRATUITY ACT AND REGIONAL
LABOUR COMMISSIONER (CENTRAL),
SHRAM SADAN, III CROSS, III MAIN, II PHASE,
TUMAKURU ROAD, YESHWANTHPUR,
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BENGALURU - 560 022. ... RESPONDENTS
(BY SRI MOHAMMED IBRAHIM, CGSC FOR R1 AND R13
SRI K.B.NARAYANA SWAMY, ADVOCATE FOR R2(a), R-
3(a), R4 AND R9
R2(b) TO (e), R3(b) TO (d), R6 TO R-8, R10 TO R12 ARE
SERVED BUT REMAIN UNREPRESENTED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS IN APPEAL NO.17 TO 24 OF 2008-B2
ON THE FILE OF THE APPELLATE AUTHORITY UNDER THE
PAYMENT OF GRATUITY ACT AND REGIONAL LABOUR
COMMISSIONER (C), BENGALURU. QUASH THE ORDER OF
THE APPELLATE AUTHORITY DATED 6.8.2009 AT
ANNEXURE-K IN APPEAL NO.17 TO 24 OF 2008-B2 AND
SET ASIDE THE ORDER OF THE CONTROLLING AUTHORITY
DATED 29.11.2006 IN PROCEEDINGS NO.48(49 TO 53)
AND 48(69 TO 71) OF 2004-84 AT ANNEXURE-F.
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THESE WRIT PETITIONS COMING ON FOR FINAL
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner submits that the writ petitions be dismissed as infructuous, in view of the fact that the respondents-employees have already received the gratuity as ordered by the Appellate Authority.
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2. There is no objection by the learned counsel for the respondents.
3. In view of the submission made, the writ petitions are dismissed as having become infructuous.
SD/-
JUDGE JJ