Karnataka High Court
M/S Sharma Travels vs The Regional Provident Fund ... on 12 September, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC:37436
WP No.24586 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO.24586 OF 2024 (L-PF)
BETWEEN:
M/S SHARMA TRAVELS
AN UNREGISTERED PARTNERSHIP FIRM
446, 8TH MAIN, 3RD BLOCK
OPP. SEVA SADAN INSTITUTE
KORAMANGALA, BENGALURU-560034.
REP. BY ITS PARTNER
Digitally
signed by SRI. T. RAJENDRA KUMAR SHARMA
SUMA B N S/O SRI. P. TEJRAJ SHARMA
Location: AGED ABOUT 51 YEARS.
High Court
of Karnataka
...PETITIONER
(BY SMT. SUMADEVI M.V. ADV., FOR
SRI. SATISH G.A. ADV.,)
AND:
THE REGIONAL PROVIDENT FUND COMMISSIONER-II
EMPLOYEES' PROVIDENT FUND ORGANISATION
REGIONAL OFFICE (KORAMANGALA)
ANNAPURNESHWARI COMPLEX
SURVEY NO.37/1, 6TH MAIN
SINGASANDRA, HOSUR MAIN ROAD
BENGALURU-560068.
...RESPONDENT
(BY SRI. M. PRADEEP, ADV.,)
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NC: 2024:KHC:37436
WP No.24586 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENT AUTHORITY NOT TO INITIATE ANY
COERCIVE STEPS IN EXECUTING AND IMPLEMENTING SEC. 7-Q
AND SEC 14-B ORDERS DTD. 19.02.2024 LEVYING INTEREST
AND DAMAGES AS PER ANNX-A AND B AND SEC 8F ORDER OF
ATTACHMENT DTD. 21.08.2024 AS PER ANNX-I TILL THE
DISPOSAL OF THE STATUTORY APPEAL FILED BEFORE EPFAT,
BENGALURU IN APPEAL NO. EPF 38/2024 9AS PER ANNX-G) &
ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
Sri.M.Pradeep, learned counsel undertakes to appear for the respondent. He is permitted to file vakalath within a period of one week.
Petitioner is before this Court being aggrieved by the orders dated 19.02.2024 produced at Annexures-A & B passed under Section 7Q & Section 14B of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 (for short, 'the Act') respectively, and also order of attachment under Section 8F of the Act dated 21.08.2024 as per Annexure-J. -3- NC: 2024:KHC:37436 WP No.24586 of 2024
2. Learned counsel for the petitioner submits that the orders impugned have already been challenged before the Central Government Industrial Tribunal (CGIT) in the appeal bearing No.EPF.38/2024 as per Annexure-G and the same is pending consideration. Since, there is no regular sittings before the CGIT, petitioner is constrained to approach this Court seeking interim protection.
3. Heard and perused the records.
4. Since the petitioner has already preferred an appeal, this Court is of the view that subject to petitioner depositing 50% of Rs.6,55,970/-, which is demanded under Section 7Q of the Act, within a period of four (04) weeks from the date of receipt of certified copy of this order, there shall be stay of the impugned orders till consideration of the application by the CGIT.
5. It is made clear that if the deposit is not made as directed, the interim order granted shall automatically stands vacated.
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NC: 2024:KHC:37436 WP No.24586 of 2024
6. Accordingly, the petition is disposed of. Respondent-authority shall not precipitate the matter pursuant to the impugned orders until disposal of the application by the Tribunal.
SD/-
(M.G.S. KAMAL) JUDGE BSR List No.: 1 Sl No.: 19