Karnataka High Court
M/S Y. C. P. Industries vs The Assistant Provident Fund ... on 23 August, 2025
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NC: 2025:KHC-D:10775
WP No. 67034 of 2011
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 23RD DAY OF AUGUST 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 67034 OF 2011 (L-PF)
BETWEEN:
M/S. Y.C.P. INDUSTRIES,
ITS OFFICE AT KSSIDC,
B-118, ANGOL INDUSTRIAL ESTATE,
BELGAUM-590 008, KARNATAKA,
THROUGH ITS MANAGER.
...PETITIONER
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
THE ASSISTANT PROVIDENT FUND COMMISSIONER,
SUB-REGIONAL OFFICE, 4TH CROSS,
SHRINATH COMPLEX, NEW COTTON MARKET,
HUBLI-580 029.
YASHAVANT
NARAYANKAR
...RESPONDENT
(BY SRI. P.V. GUNJAL, ADVOCATE)
Digitally signed by
YASHAVANT
NARAYANKAR
Location: HIGHCOURT
OF KARNATAKA
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
DHARWAD BENCH
DHARWAD 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OF CERTIORARI OR WRIT IN THE NATURE OF CERTIORARI OR
ANY OTHER APPROPRIATE WRIT AND ORDER THEREBY CALL THE
RECORD AND PROCEEDINGS FROM THE RESPONDENTS AND
FURTHER QUASH AND SET ASIDE THE IMPUGNED ORDER
DATED: 23/12/2010 PASSED BY THE LEARNED PRESIDING
OFFICER, EMPLOYEES PROVIDENT FUNDS APPELLATE TRIBUNAL,
NEW DELHI SITTING AT BANGALORE IN ATA NO.275(6) 2009
VIDE ANNEXURE-L AND REMAND THE MATTER FOR FRESH
DISPOSAL TO THE E.P.F. APPELLATE TRIBUNAL, NEW DELHI AND
ETC.
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NC: 2025:KHC-D:10775
WP No. 67034 of 2011
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed calling in question the order dated 23.12.2010 passed in ATA No.275(6) 2009 by Employees Provident Funds Appellate Tribunal, New Delhi1
2. The relevant facts in nutshell are that, challenging the order dated 24.04.2009 passed by the respondent under Section 7(A)of the Employees Provident Funds Act, 19522, the petitioner preferred an appeal in ATA No.275(6) 2009 before the Appellate Tribunal which, at the time of filing of the appeal was situated at New Delhi. The Appellate Tribunal by its order dated 15.05.2009 passed the following order:
" Present: Shri Kailash Pandey, Advocate for the Appellant.
The present appeal has been filed to challenge the order dated 11.03.2009 passed under section 7-A of the EPF & MP Act, 1952. The appellant has also field an application for exemption under section 7-O of the Act.1
Hereinafter referred as 'Appellate Tribunal' 2 Hereinafter referred as 'PF Act' -3- NC: 2025:KHC-D:10775 WP No. 67034 of 2011 HC-KAR Heard the counsel for the appellant. The counsel for the appellant submitted that a sum of Rs.629263/- have already been deposited with the respondent. Subject to the said deposit the appeal is admitted and operation of the impugned order shall remain stayed and respondent is directed not to take any coercive measures against the appellant in pursuant to the impugned order till disposal of the present appeal. Notice be issued to the respondent returnable by 07.09.2009 before the Registrar to complete the service and pleadings.
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(R.L. KOLI) Presiding Officer, EPFAT 15.05.2009"
3. Subsequently, vide notice dated 22.11.2010, the petitioner was notified that the appeal would be take up for hearing by the Appellate Tribunal at the Camp Office at Bengalur. The petitioner vide letter dated 10.12.2010 sought for time since the file was with their counsel at Delhi. However, the Appellate Tribunal by its order dated 23.12.2010 dismissed the appeal. It is forthcoming from the said order dated 23.12.2010 that there was no representation on behalf of the petitioner who is appellant in the said appeal.
4. Being aggrieved, the petitioner preferred WP(C) No.605/2011 before the High Court of Delhi. By order dated 01.02.2011, the High Court of Delhi entertained the writ petition and further ordered that no coercive steps shall be taken to recover the -4- NC: 2025:KHC-D:10775 WP No. 67034 of 2011 HC-KAR remaining demanded amount. Subsequently, by order dated 27.09.2011, the High Court of Delhi dismissed the writ petition reserving liberty to the petitioner to approach the appropriate forum. Thereafter, the present writ petition is filed.
5. It is clear and forthcoming from the aforementioned that the petitioner was not represented before the Appellate authority and did not have an opportunity to put its case on merits of the appeal.
6. In view of the same, it is just and proper that the relief sought for in the present writ petition be granted and petitioner be afforded an opportunity to put forth his case before the Appellate Authority on the merits of the matter.
7. Hence, the following:
ORDER
i) Petition is allowed;
ii) Order dated 23.12.2010 passed by the Employees Provident Funds Appellate Tribunal, New Delhi sitting at Bangalore in ATA No.275(6) is set aside;-5-
NC: 2025:KHC-D:10775 WP No. 67034 of 2011 HC-KAR
iii) The parties shall appear before the Appellate Authority on 24.09.2025 without the requirement of any further notice being issued in this regard.;
iv) Consequent to appearance of the parties, the Appellate Authority shall adjudicate the appeal filed by the petitioner on its merits in accordance with law;
v) Until adjudication of the appeal, the respondents shall not initiate any coercive steps/measures to recover the balance amount due, pursuant to the order dated 24.04.2009;
vi) All the contentions of both the parties on merits of the matter kept open;
v) Needless to state that parties shall cooperate for speedy disposal of the appeal before the Appellate Authority since the matter was old one.
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(C.M. POONACHA) JUDGE HMB CT-MCK List No.: 1 Sl No.: 11