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The Managing Trustee vs Union of India

The Managing Trustee vs Union of India

Type Court Judgment Court Karnataka Orders Decided Aug 01, 2024
~2 min read
https://sooperkanoon.com/case/1798871

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/104291/2018

Parties & Advocates

Appellant / Petitioner

The Managing Trustee

Respondent

Union of India

Excerpt

.....authority appointed under payment of gratuity act and asst. labour commissioner, belagavi.4. dr. c.n. tugashetti, aged about: 67 years, occ: retired, r/o: h.no.2312, hattiholi gali, shahapur, belagavi. …respondents (by sri mrutyunjay tata bangi, asg for r1; smt. geeta k.m., & pawar, advocate for r4; sri p.n.hatti, hcgp for r2 and r3) this writ petition is filed under articles 226and 227 of the constitution of india, praying to declare that the payment of gratutity (amendment) act, 2009 of act no.(47 of 2009) dated 31.12.2009 as unconstitutional insofar as giving retrospective effect; issue a writ of certiorari quashing theorder dated 28.03.2018 passed by the 2nd respondentin appeal bearing no. which is produced at annexure - e and consequently allow the same and etc., this writ petition is coming on for orders this day, the court made the following: -3- coram: the hon'ble mr. justice ravi v.hosmanioral order(per: the hon'ble mr. justice ravi v.hosmani) writ petition is filed challenging constitutional validity of amendment act no.47/2009 to payment of gratuity act and for consequential challenge to order passed by respondent no.2 at annexure-e.2. in view of decision of hon’ble apex court in case ofindependent schools’ federation vs union of india reported in 2022 scc online 1113, challenge to constitutional validity of amending act, would not survive for consideration.3. a perusal of grounds urged in writ petition indicatesthat except on ground of validity, there are no other grounds urged to substantiate challenge against order at annexure-e. consequently, no interference would be called for. accordingly, writ petition stands dismissed. sd/- (ravi v.hosmani) judge am/- list no.: 1 sl no.: 4

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 104291 OF 2018 (L-PG) BETWEEN:

1. THE MANAGING TRUSTEE,

2. THE SECRETARY,

3. THE PRINCIPAL,

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI DR. A.M. SHAIKH HOMEOPATHI Location: High Court of Karnataka MEDICAL COLLEGE, …PETITIONERS (BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND:

1. UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYEMENT, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI - 110 001, BY ITS SECRETARY. -2-

2. DEPUTY LABOUR COMMISSIONER, AND APPELLATE AUTHORITY, UNDER PAYMENT OF GRATUITY ACT, 1972 BELAGAVI DIVISION, BELAGAVI.

3. THE CONTROLLING AUTHORITY APPOINTED UNDER PAYMENT OF GRATUITY ACT AND ASST. LABOUR COMMISSIONER, BELAGAVI.

4. DR. C.N. TUGASHETTI, AGED ABOUT: 67 YEARS, OCC: RETIRED, R/O: H.NO.2312, HATTIHOLI GALI, SHAHAPUR, BELAGAVI. …RESPONDENTS (BY SRI MRUTYUNJAY TATA BANGI, ASG FOR R1; SMT. GEETA K.M., & PAWAR, ADVOCATE FOR R4; SRI P.N.HATTI, HCGP FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PAYMENT OF GRATUTITY (AMENDMENT) ACT, 2009 OF ACT NO.(47 OF 2009) DATED 31.12.2009 AS UNCONSTITUTIONAL INSOFAR AS GIVING RETROSPECTIVE EFFECT; ISSUE A WRIT OF CERTIORARI QUASHING THE

ORDER DATED 28.03.2018 PASSED BY THE 2ND RESPONDENT

IN APPEAL BEARING NO. WHICH IS PRODUCED AT ANNEXURE - E AND CONSEQUENTLY ALLOW THE SAME AND ETC., THIS WRIT PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: -3- CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) Writ petition is filed challenging constitutional validity of Amendment Act No.47/2009 to Payment of Gratuity Act and for consequential challenge to order passed by respondent no.2 at Annexure-E.

2. In view of decision of Hon’ble Apex Court in case of

Independent Schools’ Federation Vs Union of India reported in 2022 SCC OnLine 1113, challenge to constitutional validity of amending Act, would not survive for consideration.

3. A perusal of grounds urged in writ petition indicates

that except on ground of validity, there are no other grounds urged to substantiate challenge against order at Annexure-E. Consequently, no interference would be called for. Accordingly, writ petition stands dismissed. SD/- (RAVI V.HOSMANI) JUDGE AM/- List No.: 1 Sl No.: 4

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Same Court & Year Karnataka Orders · 2024 Same Parties The Managing Trustee vs Union of India Same Judge Ravi V.Hosmani

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