Karnataka High Court
The Assistant Provident Fund ... vs Sri Gorkarnanatha Co-Operative Bank ... on 4 October, 2012
Bench: K.L.Manjunath, B.Sreenivase Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF OCTOBER, 2012
PRESENT
THE HON'BLE MR. JUSTICE K.L. MANJUNATH
AND
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
W.A. No. 17717 of 2011 (L-PF)
BETWEEN:
The Assistant Provident Fund Commissioner,
Employees Provident Fund Organisation,
Sub-Regional Office, P.B. No.572,
Yenopaya Complex,
Balmatta
Mangalore 575 003.
...Appellant
(By Sri. H. Venkatesh Dodderi, Adv.)
A N D:
Sri Gorkarnanatha Co-Operative Bank Limited,
Administrative Office,
'Prakrithi Complex',
near C.V. Nayak Hall, Kadri Road,
Mangalore 575 003
Represented by Sri P.A. Poojary,
The General Manager.
... Respondent
(By Sri. Somashekar, Adv.)
2
This Writ Appeal filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
passed in W.P. No. 35152/2010 dated 24.06.2011.
This appeal coming on for hearing, this day,
K.L.MANJUNATH.J., delivered the following:
JUDGMENT
Heard the learned Counsel for the parties The legality and correctness of the order passed by the learned Single Judge in W.P. No. 35152/2010 is called in question in this appeal.
2. After hearing the learned Counsel for the parties and perusal of the order of the learned Single Judge we notice that the writ petition has been allowed following the order passed in the case of Murugurejendra Co- operative Bank Ltd., passed in W.P. No. 17999/2010 dated 14th Jun3, 2011 and on perusal of the aforesaid order we notice that the order in the case of Murugarajendra Co-operative Bank Limited has passed by following the Division Bench decision of this Court in W.A. 6081/2001 dated 12th January, 2005 between the Assistant Provident Fund Commissioner, Sub-Regional 3 Office, Yenopaya Complex, Mangalore, Karnataka and The South Kanara Govt. Officer's Co-op. Bank Ltd. The appellant has suffered an order in other cases which are similarly situated to that of the present appeal and when the appellant has not challenged the earlier order of the Division in the aforesaid case i.e. W.A. No.6081/2001, this Court cannot interfere with the order of the learned Single Judge.
Accordingly the appeal is dismissed.
Sd/-
JUDGE Sd/-
JUDGE Vb/-