Karnataka High Court
M/S Adecco India Pvt Ltd vs The Regional Provident Fund ... on 25 May, 2022
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION No.51676 OF 2019 (L-PF)
BETWEEN:
M/S. ADECCO INDIA PVT. LTD
NO-2, NAL
WIND TUNNEL ROAD
MURUGESHPALYA
BENGALURU-560 017
REPRESENTED BY
HR - DIRECTOR ... PETITIONER
(BY SHRI. C.K. SUBRAMANYA, ADVOCATE FOR
SHRI. B.C. PRABHAKAR, ADVOCATE)
AND:
THE REGIONAL PROVIDENT FUND
COMMISSIONER -1, EMPLOYEES' PROVIDENT
FUND ORGANIZATION
REGIONAL OFFICE : BANGALORE
KORAMANGALA
"ANNAPOORNESHWARI COMPLEX"
SURVEY NO.37/1, 6TH MAIN
SINGASANDRA
HOSUR MAIN ROAD
BENGALURU-560 068 ... RESPONDENT
(BY SMT. NANDITA HALDIPUR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 11.11.2019 PASSED BY THE CENTRAL
2
GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,
BENGALURU IN AS MUCH AS NOT ALLOWING THE APPLICATION
U/S 7-O OF THE EPF AND MP ACT, 1952, BY WAIVING OF ENTIRE
PRE-DEPOSIT OF 75 PERCENT OF THE DETERMINED AMOUNT
ANNEXURE-K AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER
Petitioner Company is the appellant before the Central Government Industrial Tribunal cum Labour Court, Bengaluru1. It has filed an application under Section 7O of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The CGIT, vide order dated 11.11.2019, has stayed the order passed under Section 7A passed by the Regional Provident Fund Commissioner, Bengaluru, subject to deposit of 40%. The same has been challenged in this writ petition.
2. Heard Shri C.K.Subramanya, learned advocate for the petitioner and Smt.Nandita Haldipur, learned advocate for the respondent.
1 'CGIT' for short 3
3. The interim order sought in this petition is to stay the order passed under Section 7A. By order dated 10.12.2019, this Court has granted the said prayer.
4. Shri Subramanya submits that provident fund is sought on the allowances and not on the basic wages.
5. Smt.Haldipur argued opposing the writ petition. [
6. We have carefully considered rival contentions and perused the records.
7. The fact remains that this Court has entertained this writ petition and granted the interim order subject to deposit of 15% of the amount demanded under Annexure-G. Shri Subramanya undertakes to deposit a further sum of Rs.1 Crore within a period of four weeks. His submission is placed on record.
8. In the facts and circumstances of this case, it would be just and appropriate to direct the Appellate Authority to dispose of the appeal expeditiously. 4
9. Shri Subramanya submits that regular Presiding Officer of the CGIT is not sitting and however, in-charge Presiding Officer sits intermittently.
10. Keeping in view the quantum of provident fund determined in order passed under Section 7A, we direct the CGIT, Bengaluru, to dispose of the appeal as expeditiously as possible and in any event within an outer limit of six months from the date of receipt of a copy of this order. Interim stay granted on 10.12.2019 shall continue subject to petitioner depositing additional sum of Rs.1 Crore within a period of four weeks from today.
Petition disposed of.
No costs.
Sd/-
JUDGE Sd/-
JUDGE AV