Karnataka High Court
Kareem Silk International Ltd vs Assistant Provident Fund Commissioner on 18 February, 2025
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NC: 2025:KHC:7185
WP No. 8644 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 8644 OF 2016 (L-PF)
BETWEEN:
KAREEM SILK INTERNATIONAL LTD.,
REP. BY ITS DIRECTOR,
SRI MOHAMMED MOHSIN,
PRESENLTY OFFICE SITUATED AT
P.O BOX NO.5182, NO.13,
INFANTRARY ROAD, CITY POINT, TF-11/12,
BANGALORE-560 001.
...PETITIONER
(BY SRI R HEMANTH RAJ, ADVOCATE)
AND:
1. ASSISTANT PROVIDENT FUND COMMISSIONER
& AUTHORIZED OFFICER,
EMPLOYEES PROVIDENT FUND ORGANISATION,
SUB REGIONAL OFFICE,
Digitally BHAVISHYA NIDHI BHAVAN,
signed by
NANDINI R 2ND STAGE, GAYATHRIPURAM,
Location: MYSORE-570 019.
High Court of
Karnataka 2. THE RECOVERY OFFICER
S.R.O, MYSORE,
EMPLOYEES PROVIDENT FUND ORGANISATION,
SUB REGIONAL OFFICE,
BHAVISHYA NIDHI BHAVAN,
2ND STAGE, GAYATHRIPURAM,
MYSORE-570 019.
...RESPONDENTS
(BY SMT. NALINI VENKATESH, ADVOCATE FOR R-1 & R-2)
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NC: 2025:KHC:7185
WP No. 8644 of 2016
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH SET /ASIDE
THE ORDER DATED 14.09.2015 AND ITS BEARING NO.
KN/PF/SRO/Mys/Recy/9995/557/2015-16 PASSED BY THE R-2
PRODUCED VIDE ANNEXURE-J IN THE WRIT PETITION AND
ETC.
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present petition is filed assailing the order dated 14.09.2015 marked at Annexure-J. Annexure-K is the order consequent to Annexure-J.
3. Learned counsel appearing for the petitioner submits that order at Annexure-J is passed under Section 7Q of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act, 1952' for short). It is his submission that there was no adjudication before determining the amount payable under -3- NC: 2025:KHC:7185 WP No. 8644 of 2016 Section 7Q of the Act, 1952, as such, the order is unsustainable.
4. Learned counsel for the respondents on the other hand would submit that the amount payable under Section 7Q of the Act, 1952 is fully recovered from the petitioner and nothing is due under Section 7Q of the Act, 1952.
5. Submission of the learned counsel for the respondents is placed on record.
6. Learned counsel for the petitioner on instructions would submit that in case if there is a statement by the respondents that nothing is due under Section 7Q of the Act, 1952 and the amount payable under Section 7Q of the Act, 1952 is fully recovered from the petitioner, he does not press his claim to question Annexure-J and consequential order at Annexure-K. Since the statement is made by the respondents that nothing is -4- NC: 2025:KHC:7185 WP No. 8644 of 2016 due from the petitioner under Section 7Q of the Act, 1952, the petition does not survive for consideration.
7. However, learned counsel for the petitioner submits that he will file an appeal challenging the order under Section 14B of the Act, 1952.
8. If such an appeal is pending or to be filed by the petitioner challenging the Order under Section 14B of the Act, 1952, which is an appealable order, the petitioner is at liberty to pursue the appeal in the manner known to law.
9. The disposal of this petition should not come in the way of the appellate authority in considering the appeal on its merits and all contentions raised by the petitioner in respect of the alleged demand for damages and the contentions of the respondents to claim damages are kept open to be decided by the appellate authority.
10. It is further made clear that the respondents shall not insist for payment of any amount towards arrears -5- NC: 2025:KHC:7185 WP No. 8644 of 2016 of provident fund and interest payable thereon as the statement is made that entire amount is recovered.
11. Petition is accordingly disposed of.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE NR/-
List No.: 1 Sl No.: 12