Campco Chocolate Factory vs Union Of India on 23 February, 2023

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Karnataka High Court

Campco Chocolate Factory vs Union Of India on 23 February, 2023

Bench: Suraj Govindaraj

                                        -1-
                                                 WP No. 41298 of 2018




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 23RD DAY OF FEBRUARY, 2023

                                     BEFORE
                 THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                   WRIT PETITION NO. 41298 OF 2018 (L-PF)
            BETWEEN:

            CAMPCO CHOCOLATE FACTORY
            EMPLOYEES UNION (R)
            AFFILLIATED TO HMS,
            REPRESENTED BY SENIOR OPERATOR,
            GANESH PRASAD K,
            CAMPCO CHOCOLATE FACTORY,
            KEMMINJE DARBE, PUTTUR,
            DAKSHINA KANNADA DISTRICT-574202

                                                          ...PETITIONER
            (BY SRI. K RAVISHANKAR., ADVOCATE)

            AND:

Digitally   1.   UNION OF INDIA
signed by        REPRESENTED BY ITS SECRETARY,
POORNIMA         DEPARTMENT OF LABOUR AND EMPLOYMENT,
SHIVANNA         NEW DELHI-110001.
Location:
HIGH        2.   THE EMPLOYEES PROVIDENT FUND ORGANISATION
COURT OF         REPRESENTED BY ITS CHIEF PROVIDENT
KARNATAKA        FUND COMMISSIONER,
                 BHAVISHYA NIDHI BHAVAN,
                 NO.14, BHIKAJI CAMA PALACE,
                 NEW DELHI-110066

            3.   THE REGIONAL PROVIDENT FUND
                 COMMISSIONER (PENSION)
                 EMPLOYEES PROVIDENT FUND ORGANISATION,
                 BHAVISHYA NIDHI BHAVAN,
                 POST BOX NO.572,
                 SILVA ROAD HIGHLANDS,
                             -2-
                                      WP No. 41298 of 2018




     MANGALURU-575002

4.   THE ASSISTANT PROVIDENT FUND COMMISSIONER
     (PENSIO
     EMPLOYEES PROVIDENT FUND ORGANISATION,
     BHAVISHYA NIDHI BHAVAN,
     POST BOX NO.572,
     SILVA ROAD HIGHLANDS,
     MANGALURU-575002

5.   THE CAMPCO CHOCOLATE FACTORY
     REPRESENTED BY ITS MANAGING DIRECTOR,
     VARANASI TOWERS,
     BANDAR ROAD,
     MANGALURU,
     D.K.DISTRICT-574202.

                                             ...RESPONDENTS
(BY SRI. ATHMA V HIREMATH, ADVOCATE FOR R1-ABSENT;
    SMT. NALINA VENKATESH, ADVOCATE FOR R2-R4-ABSENT;
    SRI. K. RAMACHANDRAN, ADVOCATE FOR R5-ABSENT)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PPRAYING TO ISSUE A WRIT OF
CERTIORARI & QUASH THE IMPUGNED ENDORSEMENT             DTD
01.08.2018 BEARING NO. KN/MNGL/RO/PEN/716/2018-19 ISSUED
BY THE R-4 VIDE ANNX-C AND ETC.

     THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                          ORDER

1. The learned counsel for the petitioner is present.

None appears for the respondents today also.

2. A similar lis as in the above matter was the subject matter of consideration in W.P.No.47840/2018 when a Co-ordinate Bench of this Court has disposed the -3- WP No. 41298 of 2018 Writ Petition reserving liberty to the petitioners therein to submit representations to the Pension Authorities and further directing the Pension Authorities to consider the claim of the petitioners in the light of the decision of the Hon'ble Apex Court in the case of Employees Provident fund Organisation and another vs. Sunil Kumar B. and others reported in 2022 SCC Online SC 1521.

3. Reserving such liberty, the Writ Petition stands disposed of.

Sd/-

JUDGE PRS List No.: 1 Sl No.: 108

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