Karnataka High Court
Shankar Krishnadixit Puranik vs The Chief Secretary on 21 June, 2022
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.14565 OF 2019 (L-PF)
BETWEEN:
1. SHANKAR KRISHNADIXIT PURANIK
S/O K.S. PURANIK
AGED ABOUT 67 YEARS
# 2/1428, VIJAYA DEEP
NEAR SRINIVASA REAL ESTATE
MALLATHAHALLI
BENGALURU VISWAVIDALAYA
BENGALURU - 560 056
2. H.S.MANJUNATHA
S/O K.SUBBE GOWDA
AGED ABOUT 66 YEARS
R/O 2ND MAIN, 4TH CROSS
GUTHYAPPA COLONY
PAMPANAGARA, GOPALA EXTENSION
SHIVMOGA - 577 205
3. R. MAHADEVA
S/O KERIYAPPA
AGED ABOUT 65 YEARS
R/O SHIRALAKOPPA ROAD
K.E.B. COLONY, SORABA
SHIVMOGA DISTRICT -577 429
4. MANJAPPA GANATHI
S/O DANAPPA
AGED ABOUT 65 YEARS
R/O # 110, SHIRALAKOPPA ROAD
KODAKANI, K.E.B. COLONY
SORABA - 577 429
5. K.S.NARAYANA
S/O LATE K.V.SUBBASHETTY
AGED ABOUT 65 YEARS
2
R/O SRI. VENKATESHWARA NILAYA
(KOTE BAGILU)
CHANNANAKOPPALU EXTENSION
NEAR JANATA COLONY
KIKKERI - 571 423.
6. BASAVANAYAPPA. JOMBALLI
S/O DEVAPPA
AGED ABOUT 70 YEARS
R/O NEAR POLICE STATION, UMBALEBYLU
SHIMOGA - 577 115.
7. A. K. HANUMANTHAPPA
S/O THIMMAPPA
AGED ABOUT 61 YEARS
1ST CROSS, HARIGE VIDYANAGAR
SHIMOGA-577201.
8. B. M. SHIVAPPA
S/O BASAVANATAPPA MADIVALA
AGED ABOUT 64 YEARS
R/O #299, MARIBAIL KONDLI
SIDDAPURA, UTTARA KANNADA - 581355.
9. SHIVARAMA
S/O ERAPPA
AGED ABOUT 64 YEARS
R/O # 211-3, VIDYUTHNAGAR, KODAKANI
SORABA-577429.
10. ISMAIL SAB
S/O TAJU SAB
AGED ABOUT 65 YEARS
R/O HOSAKAVULI, KAWALI
TOGARSI, SHIMOGA-577433.
11. RAMAPPA N HAVALER
S/O NAGAPPA
AGED ABOUT 62 YEARS
R/O 96/2, CHOWDESHWARI STREET
BARUVE, KEREHALLI, SHIMOGA-577426.
12. S. BASAVARAJAPPA
S/O S.MALLAPPA
AGED ABOUT 61 YEARS
3
R/O 12TH CROSS, BADRAPURA ROAD
CHENNAKESHAVA NAGARA
SHIKARIPUR- 577427.
13. M. GUTHYAPPA
S/O BUDYAPPA
AGED ABOUT 61 YEARS
R/O BACK SIDE OF AKKA MAHADEVI SCHOOL
THADAGANI, SHIMOGA-577477.
14. R. M. NDAF
MAHABUBSAB NADAF
AGED ABOUT 65 YEARS
R/O DANAK SHIRUR ROAD
NAINAPURA, GADAG-582209.
15. DYAVEGOWDA
S/O LATE DEVEGOWDA A.
AGED ABOUT 69 YEARS
R/O CHOLENAHALLI, KASABA HOBLI
ADAGUR, CHANNARAYAPATNA
HASSAN DISTRICT -573116.
16. C. CHANDRASHEKARAIAH
S/O CHANDAYYA
AGED ABOUT 64 YEARS
R/O LAKKANAKOPPA, KANCHINAKATTE
SHIVMOGA-577222.
17. A. GANGADHARAPPA
S/O LATE AJJAPPA
AGED ABOUT 64 YEARS
R/O #41 YEARS
MYLARESHWARA NILAYA
3RD CROSS, 4TH STAGE
B BLOCK, SHARAVATHI NAGAR
SHIVMOGA- 577201.
18. K. MAHESHWARAPPA
S/O HOLLIRAPPA
AGED ABOUT 62 YEARS
R/O CHANNAKESHAVA NAGARA
SHIKARPUR
SHIMOGA-577427.
4
19. H. LAKSHMA NAIK
S/O HIRIYA NAIK
AGED ABOUT 65 YEARS
R/O 165, KALLU HANKALU
SHIKARIPURA, SALURU
SHIMOGA-577214.
20. SHEKARAPPA
S/O VEERAPPA BOI
AGED ABOUT 64 YEARS
R/O 5TH CROSS, VINAYAKA NAGARA
SHIKARIPUR, SHIMOGA-577427.
21. D. KENCHAPPA
S/O LATE GULYAPPA
AGED ABOUT 64 YEARS
R/O RATHNAGIRI NAGARA
ABBALAGERE
SHIVAMOGA -577225.
22. BOREGOWDA C.
S/O LATE CHIKKEGOWDA
AGED ABOUT 63 YEARS
R/O #11, 3RD MAIN CROSS
LEELAVATHI EXTENSION, MADDUR
MANDYA-571428.
23. RAMACHANDRA KADABA GUDE ANGADI
S/O LATE KADABA
AGED ABOUT 72 YEARS
#33/2891/1259, AZAD RAOD
BEHIND MALNAD MEDICALS, KOPPA CIRCLE
THIRTHAHALLI, SHIMOGA-577432.
24. B. RAMANNA
S/O SRI.BHIMANNA
AGED ABOUT 62 YEARS
R/O PANJIGANAHALLI
SIRA TALUK, TUMKUR DISTRICT - 572139.
25. K. H. NAIK
S/O HOSABAYYA NAGAPPA NAIK
AGED ABOUT 64 YEARS
R/O #659, BANKANHITIA, ARROLLI
HONAVAR, MUGWA, SURAKATTI
UTTARA KANNADA-581334.
5
26. KALANYAKA A. R.
S/O LATE RANGANAYAKA
AGED ABOUT 65 YEARS
#KOTE KANCHUGARA STREET
CHIKMAGALURU-577101.
27. H. S. MURTHY
S/O LATE SIDDAPPA
AGED ABOUT 65 YEARS
R/O #190, MIG II, HOUSING BOARD
JYOTHINAGAR,
CHIKKAMANGALURU-577102
28. S. S. KAMMAR
S/O LATE SHANKARAPPA
AGED ABOUT 62 YEARS
R/O #273/1, ANTHARGATTAMMA
TEMPLE ROAD, SAKRAYA PATTANA POST
KADUR TALUK - 577135.
29. S. RANGASWAMY
S/O SINGRI GOWDA
AGED ABOUT 65 YEARS
R/O OPP CENTRAL SCHOOL
SBM COLONY, B.KAATIHALLI
GAVENAHALLI POST
HASSAN DISTRICT 573201.
30. T. KRISHNASETTY
S/O LATE GANGA SETTY
AGED ABOUT 60 YEARS
R/O BRAHMA DEVARAHALLI
NITTUR, HASSAN TALUK 573219.
31. THIMMEGOWDA
S/O LATE HANUMEGOWDA
AGED ABOUT 71 YEARS
R/O DODDAGENIGERE
SHANTHI GRAMA HOBLI
CHIKKAGENIGERE, ALUR
HASSAN TALUK 573220.
32. NANJEGOWDA
S/O DODDEGOWDA
AGED ABOUT 69 YEARS
6
R/O RAYAPURA, SEEGE POST
ALUR, HASSAN TALUK-573219.
33. T. S. THAMMAIAH
S/O SHIVEGOWDA
AGED ABOUT 64 YEARS
R/O #238/1, SULUGALALE VILLAGE
SHANIVARASANTHE POST & HOBLI
SOMWARPET TALUK
KODAGU 571235.
34. GOPALGOWDA H. T.
S/O THIMMEGOWDA
AGED ABOUT YEARS
R/O # POST OFFICE ROAD
KALASAPUR, CHIKKAMANGALURU TALUK-577146.
35. RAJEGOWDA
S/O LATE KARIGOWDA
AGED ABOUT 61 YEARS
R/O #26-A, GANGABASAVANAHALLI
PILLENAHALI, KADUR-577168.
36. K. T. GOVINDAPPA
S/O LATE THIMMAIAH
AGED ABOUT 62 YEARS
R/O #WARD NO.20, K.HOSAHALLI
SUBHASH NAGAR
KADUR TALUK-577548.
37. THIMMAIAH T.
S/O THIMMAIAH
AGED ABOUT 63 YEARS
R/O NIDAGATTA, BASAVESHWARA NAGARA
CHIKKAMANGLURU-577548.
38. SHIVANANDAPPA S. B.
S/O LATE CHANNABASAPPA,
AGED ABOUT 68 YEARS,
R/O WARD NO.20, SUBASH NAGAR,
KADUR (RURAL) 577548.
...PETITIONERS
(BY SRI H.M.MANJUNATHA, ADVOCATE)
7
AND:
1. THE CHIEF SECRETARY
TO THE GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001.
2. KARNATAKA FOREST DEVELOPMENT
CORPORATION LTD.,
VANIVIKAS, 1ST FLOOR, 18TH CROSS
MALLESHWARAM, BENGALURU - 560 003
REPRESENTED BY ITS MANAGING DIRECTOR
3. PROVIDENT FUND COMMISSIONER
REGIONAL OFFICE
RAJARAM MOHANA ROY ROAD
POST BOX NO.25146
BENGALURU - 560 025
4. PROVIDENT FUND COMMISSIONER
SUB-REGIONAL OFFICE
BHAVISHYA NIDI BHAVAN
NEW BLOCK NO.10
BEHIND INCOME TAX OFFICE
NAVANAGARA, HUBLI - 580 025
5. PROVIDENT FUND COMMISSIONER
REGIONAL OFFICE, NEHRU ROAD
DURGAGUDI, SHIMOGA - 577 201
6. PROVIDENT FUND COMMISSIONER
REGIONAL OFFICE, BHAVISHYA NIDI BHAVANA
POST BAG NO.572, SILVA ROAD, HIGHLANDS
MANGALURU - 575 002.
7. PROVIDENT FUND COMMISSIONER
REGIONAL OFFICE, NO.109-128,
2ND STAGE, GAYATHRIPURAM
MYSURU - 570 019.
...RESPONDENTS
(BY SRI.RAMESH GOWDA, AGA FOR R1;
SRI MURUGESH V. CHARATI, ADV., FOR R2;
SMT.NALINI VENKATESH, ADV., FOR R3 TO R7)
8
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING
CERTAIN RELIEFS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Sri.H.M.Manjunatha, learned counsel for petitioners and Smt.Nalini Venkatesh, learned counsel for respondents 3 to 7 have appeared through video conferencing.
Sri.Ramesh Gowda., learned AGA for respondent No.1 and Sri.Murugesh V.Charati, learned counsel for respondent No.2 have appeared in person.
2. The brief facts of the case are stated as under:
It is stated that the petitioners are senior citizens and members of the Employees' Provident Fund Scheme, framed by Central Government under Section 6 of the Employees Provident Fund & Miscellaneous Provisions Act, 1952, which is a beneficial legislation, to provide for a decent living after superannuation or 9 retirement or voluntary retirement or dismissal or death of employee.
The Karnataka Forest Development Corporation Limited - the second respondent is an employer and the petitioners were employees of the Corporation. The second respondent paid PF contribution up to 31.12.1997 as per Act and later on deduction of PF contribution was made up to the salary of Rs.5,000/- (Rupees Five Thousand only) later Rs.6,500/- (Rupees Six Thousand Five Hundred only) without any proper reasons, which is arbitrary, unjust, illegal and is in gross violation of Article 14 of the Constitution. It is said that no equal contribution was made by the second respondent.
It is averred that the second respondent started deducting 12% on actual salary from 01.06.2012 of some of the employees viz., petitioners 24 and 25, but the employer contribution was calculated and restricted only to the extent of Rs.6,500/- (Rupees Six Thousand 10 Five Hundred only) instead of actual salary or equal contribution.
Under these circumstances having left with no other alternative or efficacious remedy, petitioners preferred this Writ Petition under Articles 226 and 227 of the Constitution of India.
3. Learned counsel for respective parties have urged several contentions.
4. Heard, the contentions urged on behalf of the parties and perused the Writ paper with care.
5. The facts of the case are stated sufficiently. The Writ Petition is filed for issue of a Writ of Mandamus or any other Writ or order directing the Karnataka Forest Development Corporation Limited - the second respondent to pay the difference amount of its PF contribution of 12% of the basic wages and dearness allowance for the time being payable to each of the petitioner/ employees together with interest 11 @ 12% from 01.01.1998 till the date of payment to the petitioners.
While addressing argument, learned counsel Sri.Murgesh V.Charati., for respondent No.2 submits that the petitioners are seeking a Writ of Mandamus without submitting a representation. Hence, he submits that the Writ Petition may be disposed of directing the petitioners to put forth their grievance by submitting the representation and the second respondent would consider the representation in accordance with law.
Learned counsel for petitioners acknowledges the said submission.
Taking note of the submission made on behalf of petitioners and the second respondent, the Revision Petition is disposed off directing the petitioners to redress their grievance by submitting the representation to the second respondent within four weeks from the date of receipt of certified copy of this order. The Karnataka Forest Development Corporation Limited - the second respondent to consider the representation 12 within four months from the date of receipt of representations submitted by the petitioners and pass suitable orders thereon in accordance with law.
Accordingly, the Writ Petition is disposed off.
Sd/-
JUDGE GVP