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Karnataka High Court

Mr S.K.Nagi Reddy vs Assistant Provident Fund Commissioner ... on 23 April, 2014

                                     W.P.No.202876/2014
                          -1-


          IN THE HIGH COURT OF KARNATAKA
                  GULBARGA BENCH

       DATED THIS THE 23RD DAY OF APRIL 2014

                       BEFORE

        THE HON'BLE MR. JUSTICE H.G.RAMESH

       WRIT PETITION No.202876 OF 2014 (L-EPF)

BETWEEN:
MR. S.K. NAGI REDDY
MUNICIPAL CONTRACTOR
H.NO.9-18-56
MADDIPET
RAICHUR - 584 101
REPRESENTING AS CONTRACTOR            .... PETITIONER

(BY SRI Z.N. HANSI, ADVOCATE)
AND:

1.     ASSISTANT PROVIDENT FUND COMMISSIONER
       EMPLOYEES' PROVIDENT FUND ORGANISATION
       SUB REGIONAL OFFICE
       2ND FLOOR, GARLADINNI COMPLEX
       SAATH KACHERI ROAD
       RAICHUR - 584 101
       REPRESENTED BY THE
       ASSISTANT PROVIDENT FUND COMMISSIONER (EPFO)

2.     THE COMMISSIONER
       CITY MUNICIPAL COUNSEL (CMC)
       RAICHUR - 584 101
       REPRESENTED BY THE COMMISSIONER
                                    .... RESPONDENTS

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND  OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT IN THE NATURE OF CERTIORARI AND OR ANY OTHER
WRIT OR ORDER AND QUASH THE IMPUGNED ORDER DATED
19.03.2014, AT ANNEXURE-C AND THE TWO RECOVERY
NOTICES DATED 24.12.2013 PASSED / ISSUED BY THE FIRST
RESPONDENT THE RECOVERY OFFICER, EMPLOYEES'
PROVIDENT FUND ORGANISATION, UNDER THE EPF & MP
                                                  W.P.No.202876/2014
                                  -2-


ACT, 1952, NOTICE NO.GB/RCH/0047043/000/ENF501/
DAMAGES/485 PRODUCED AT ANNEXURE-A TO THIS WRIT
PETITION AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

H.G.RAMESH, J.(Oral):

Heard. This writ petition is directed against an interlocutory order dtd. 12.03.2014 rejecting the application of the petitioner to implead the Commissioner, City Municpal Council, Raichur, as an additional respondent to the proceeding in case No.GB/RCH/47043.

2. The impugned order reads as follows:

"case called out. Shri Nagaraj Naik Advocate for the contractor-Sri Nagireddy has made appearance for the inquiry whereas Sri V.B. Kubsad, Enforcement Officer, EPFO has appeared for the inquiry and filed his written objection, which is taken on record and E.O. has prayed that Sri Nagireddy has taken separate P.F. code no. i.e. KN/47043, therefore the request of the contractor's advocate may not be considered. After careful examination of Advocate's prayer as well as Enforcement Officer's prayer, it is decided and ordered that Sri Nagireddy, Contractor is having independent and individual P.F. code number to comply as per the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, individually by Sri Nagireddy and his request for summoning CMC, Raichur is not considered."

3. I find no legal infirmity in the above reasoning. The writ petition is devoid of merit and it is accordingly dismissed.

Petition dismissed.

Sd/-

JUDGE BNS