Shri Mookambika Temple, Kollur vs Mr Raviraja Shetty on 18 February, 2014

[Cites 4, Cited by 1]

Karnataka High Court

Shri Mookambika Temple, Kollur vs Mr Raviraja Shetty on 18 February, 2014

Bench: Ram Mohan Reddy

                            1
                                             WP 54267/13

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 18TH DAY OF FEBRUARY 2014

                         BEFORE

     THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

         WRIT PETITION No.54267/2013 (L-PG)

BETWEEN:

Shri Mookambika Temple, Kollur,
Kundapura, Udupi District,
Represented by its Executive Officer-
Sri L.S.Maruthi, aged about 59 years,
S/o N. Suryanarayana Rao,
Shri Mookambika Temple,
Kollur, Kundapura.
                                              Petitioner
(By Sri K.Anandarama and Sri Prashanth Kumar.D, Advs.)

AND:

1.     Mr.Raviraja Shetty,
       Aged about 72 years,
       S/o late Sanjeeva Shetty,
       Yedadi Mathyadi,
       Kundapura Taluk,
       Udupi District.

2.     The Deputy Chief Labour Commissioner
       And Appellate Authority under Payment of
       Gratuity Act, Hassan Region, Hassan.

3.    The Assistant Labour Commissioner
     And Controlling Authority under Payment of
     Gratuity Act, Mangalore Division, Mangalore.
                                           Respondents
(By Sri K.A.Ariga, A.G.A. for R-2 and R-3)
                                      2
                                                         WP 54267/13

     This writ petition is filed under Articles 226 and
227 of the Constitution of India praying to quash the
order dated 26.04.2012, Annexure-H passed by the
Deputy Labour Commissioner and Appellate Authority
under Payment of Gratuity Act, Hassan, respondent
No.2 herein, etc.,

     This writ petition coming on for preliminary
hearing this day, the Court made the following:

                               ORDER

The question as to whether petitioner-temple would fall within the meaning of the term 'establishment' under the Payment of Gratuity Act, is no more res-integra in the light of the decision of the learned single Judge in Management of Sri Venkataramana Temple and Sri Hale Mariyamma Temple, Kaput Udupi District vs. Deputy Labour Commissioner and the Appellate Authority under the Payment of Gratuity Act, 1972, Hassan Region, Hassan and others1 as approved by the division bench by judgment dated 10.07.2012 in W.A.No.1375/2007 dismissing the appeal filed by the temple. In that view of the matter, no exception can be taken to the reasons, 1 2008-I LLJ 122 3 WP 54267/13 findings and conclusion arrived at by the Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, in the orders impugned. Petition devoid of merit, rejected.

Sd/-

JUDGE kcm

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