Karnataka High Court
Union Of India vs Shri G S Ravindra on 28 February, 2022
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
WP No.2593 of 2020 (S-CAT)
C/W
WP No.2174 of 2021 (S-CAT)
IN W.P.No.2593 of 2020 (S-CAT)
BETWEEN:
1. UNION OF INDIA
REP BY ITS SECRETARY
MINISTRY OF MINES,
NO.A-320, SHASTRI BHAVAN
RAJENDRA PRASAD ROAD,
NEW DELHI-110001
2. NATIONAL INSTITUTE OF MINERS' HEALTH
REPRESENTED BY ITS DIRECTOR
C/O JNARDDC CAMPUS
OPP TO WADI POLICE STATON,
AMARAVATHI ROAD
NAGPUR-440023
...PETITIONERS
(BY SRI D BASAVARAJA Sr.CGC)
2
AND
SHRI G S RAVINDRA
AGED ABOUT 61 YEARS,
S/O SRI G SURYANARAYAN RAO
RETD. OFFICIAL OF NIMH
MARIKUPPAM POST,
KGF-563119
R/AT NO.88, 2ND CROSS,
BSK III STAGE
III PHASE, 5TH BLOCK
BANGALORE-560085
...RESPONDENT
(BY SRI M SUBRAMANYA BHAT, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE PORTION OF ORDER DATED 21.10.2019
ANNEXURE-A DIRECTING PETITIONER 2 TO PAY
COMPENSATION PASSED BY THE CENTRAL ADMINISTRATIVE
TRIBUNAL, BENGALURU BENCH, BENGALURU IN
O.A.NO.170/01357/2018 AND DECLARE THE SAME TO BE
ILLEGAL, HYPOTHETICAL, ARBITRARY AND CONTRARY TO
PRINCIPLES AND RULE OF LAW
IN W.P.No. 2174 of 2021 (S-CAT)
BETWEEN:
REGIONAL PROVIDENT FUND COMMISSIONER-I
EMPLOYEES' PROVIDENT FUND ORGANIZATION
REGIONAL OFFICE (ANNEX BUILDING)
SHAMBAG UMRED ROAD,
NAGPUR-440 009
...PETITIONER
(BY SMT. SHWETHA ANAND, ADVOCATE)
3
AND
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF MINES
NO.A-320, SHASTRI BHAVAN
RAJENDRA PRASAD ROAD,
NEW DELHI-110 001
2. NATIONAL INSTITUTE OF MINERS' HEALTH
(REPRESENTED BY ITS DIRECTOR)
C/O JNARDCC CAMPUS
OPP WADI POLICE STATION
AMARAVATHI ROAD
NAGPUR-440 023
3. M/S BHARAT GOLD MINES LIMITED
BY ITS MANAGING DIRECTOR
REGD OFFICE SUVERNA BHAVAN
OORGAUM POST KGF -563 122
4. G S RAVINDRA
S/O SRI G SURYANARAYANA RAO
AGED ABOUT 61 YEARS,
ASSISTANT DIRECTOR (RETIRED)
NATIONAL INSTITUTE OF MINERS' HEALTH
MARIKUPPAM POST
K G F -563 119
KOLAR DISTRICT, KARNATAKA
RESIDING AT NO.88, 2ND CROSS
BSK III STAGE ,III PHASE, 5TH BLOCK
BANGALORE-560 085
...RESPONDENTS
(BY SRI S PRAKSH SHETTY, CGC for R.1 & 2 thro' VC
SRI T RAJARAM, ADVOCATE FOR R.3
SRI M SUBRAMANYA BHAT, ADVOCATE FOR R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
a)ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY
OTHER APPROPRIATE WRIT QUASHING THE PORTION OF THE
IMPUGNED ORDER TO THE EXTENT OF DIRECTING THIS
4
PETITIONER TO FURNISH STATEMENT OF ACCOUNTS FROM
20/02/1978 TO 30/06/2016 PERTAINING TO THE 4TH
RESPONDENT, AS DIRECTED AT PARAGRAPH 10 OF THE
IMPUGNED ORDER DATED 21/10/2019 PASSED BY THE
CENTRAL ADMINISTRATIVE TRIBUNAL AT BENGALURU IN O.A.
NO.170/01357/2018 PRODUCED VIDE ANENXURE-A
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY P.S. DINESH KUMAR J.,
MADE THE FOLLOWING:
ORDER
We have heard Sri D Basavaraja, learned Senior Central Government Counsel and Sri S Prakash Shetty, learned Central Government Counsel for the Union of India NIMH and Sri M Subramanya Bhat, learned counsel for the employee/respondent.
2. W.P.No.2593/2020 is filed by the Union of India and National Institute of Miners' Health (NIMH) and W.P.No.2174/2021 is by the Regional Provident Fund Commissioner-I, Nagpur, both challenging the order dated 21.10.2019 in O.A.No.170/01357/2018, passed by the Central Administrative Tribunal ('CAT' fort short). 5
3. Brief facts of the case are;
Sri G S Ravindra was initially working in Bharat Gold Mines Limited (BGML). He retired from service on attaining the age of superannuation. His case is, between 2005 and 2011, the BGML has not deposited the PF amount to the PF Department. As per certain internal office arrangements, the NIMH was required to pay the PF amount due and payable by the BGML. The BGML has paid the amount to NIMH on 18.11.2010 and in turn, NIMH has deposited the said amount with the PF Department on 17.06.2011.
4. Sri G S Ravindra approached CAT with a prayer inter alia to direct the Provident Fund Department to pay interest for the amount paid by NIMH for the period from 18.10.2010 to 17.06.2011. The CAT has partly allowed the O.A and directed the PF commissioner to submit the statement as requested by Sri G S Ravindra in a clear format within two months from the date of the order with 6 a further direction to NIMH to deposit loss of interest from 18.10.2010 to 17.06.2011. Hence, these writ petitions.
5. We have carefully considered the arguments advanced by learned advocates on both sides and perused the records.
6. The undisputed facts of the case are, Sri G S Ravindra was working with BGML and retired on 30.06.2016 from NIMH. To a pointed query made by us, Sri Subramanya Bhat, learned advocate for the respondent/employee, in his usual fairness, submitted that as far as Sri G S Ravindra is concerned, he has received the entire terminal benefits.
7. The payment of interest under the PF Act is a liability, which the employer is required to discharge. That is purely between the employer and the PF Department. The employee has, admittedly, received all the dues that he is entitled for. He shall have no claim over the interest paid 7 by the employer to the PF Department. Therefore, the impugned order passed by the CAT is unsustainable in law.
8. Hence, the following:
ORDER
i) Writ petitions are allowed;
ii) Order dated 21.10.2019 in O.A.No.170/01357/2018, passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru, is quashed. O.A.No.170/01357/2018 is dismissed.
No costs.
Sd/-
JUDGE Sd/-
JUDGE mv