Mysore Polymers And Rubber Products Ltd vs Regional Provident Fund ... on 4 July, 2018

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Karnataka High Court

Mysore Polymers And Rubber Products Ltd vs Regional Provident Fund ... on 4 July, 2018

Bench: A S Bopanna

                               1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH DAY OF JULY, 2018

                          BEFORE

       THE HON'BLE MR. JUSTICE A S BOPANNA

          WRIT PETITION No.8449/2018 (L-PF)

BETWEEN:

MYSORE POLYMERS &
RUBBER PRODUCTS LTD.
HAVING ITS FACTORY AT 105
20-P, KRS ROAD
METAGALLI INDUSTRIAL AREA
MYSURU-570 018
DEPUTY MANAGING DIRECTOR
                                         ... PETITIONER

(BY SRI B C PRABHAKAR, ADV.)



AND:

REGIONAL PROVIDENT FUND COMMISSIONER-II
SUB-REGIONAL OFFICE
EMPLOYEES' PROVIDENT FUND ORGANIZATION
BHAVISHYA NIDHI BHAWAN
2ND STAGE, GAYATHRI PURAM
MYSURU-570 019
                                    ... RESPONDENT

(BY SRI B PRAMOD, ADV.)


     THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO STAY THE
OPERATION OF THE ORDER DATED 14.12.2017 PASSED BY THE
REGIONAL PROVIDENT FUND COMMISSIONER-II RO MYSORE
IN NO.KN/PF/RO/MYS/ENF/805/1249/2017-18 UNTIL THE
APPLICATION FILED ALONG WITH THE APPEAL FOR INTERIM
PRAYER IS CONSIDERED AND NECESSARY ORDERS ARE
PASSED (ANNEXURE-A).
                                2



     THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:

                         ORDER

The petitioner is before this Court seeking that the operation of the order dated 14.12.2017 passed by the Regional Provident Fund Commissioner-II, RO Mysore be stayed till the application filed by the petitioner herein in the appeal for interim prayer is considered and disposed of by the Appellate Authority.

2. The petitioner claiming to be aggrieved by the order dated 14.12.2017 has preferred an appeal as provided under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 ('EPF & MP Act' for short) before the appellate Court. However, since the matters are not being taken up regularly by the Appellate Authority, the application filed along with the appeal seeking interim order was not taken up for consideration. It is in that light the petitioner is before this Court seeking that the protection 3 be extended to the petitioner till the application filed in the appeal is taken up for consideration.

3. In fact in similar set of circumstance this Court in W.P.No.10679/2018 dated 20.06.2018 has granted similar benefit to the petitioner therein. In that view, without expressing any opinion on the merits of the case the benefit of the interim order granted by this Court shall enure to the benefit of the petitioner till the application filed in the appeal filed before the Appellate Authority is taken up and orders are passed one way or the other in accordance with law.

4. Learned counsel for the respondent submits that the Appellate Authority has scheduled some of the matters to be considered on 17th or 18th of September 2018. If that be the position, the appeal filed by the petitioner may also be taken up on the said date to consider the application filed therein. If for any reason the matter is not taken up on that date also, 4 until it is taken up by the Appellate Authority, the benefit of the interim order shall continue.

The petition is accordingly disposed of.

Sd/-

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