M/S Sree Lakshmi Venkateshwara ... vs The Assistant Provident Fund ... on 5 April, 2018

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Karnataka High Court

M/S Sree Lakshmi Venkateshwara ... vs The Assistant Provident Fund ... on 5 April, 2018

Bench: L. Narayana Swamy

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 05TH DAY OF APRIL 2018

                             BEFORE

  THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY

       WRIT PETITION No.21937 OF 2017 (L-PF)

BETWEEN:

M/s Sree Lakshmi Venkateshwara Enterprises
No.#5/3, 1st Floor, 15th Main
4th Block, Nandini Layout
Bangalore-560 096
Rep. by its Proprietrix
Smt.Byramma H.R
                                                ... Petitioner

(By Sri: Abhijeet S.K. Rai, Adv.,)

AND:

The Assistant Provident
Fund Commissioner
Regional Office, Peenya
No.62, 3rd Cross, Industrial Sub-Rub
Yeshvantpur 2nd Stage
Bangalore-570 022
                                              ...Respondent

(By Sri: B. Pramod, Adv.,)

      This writ petition is filed under Articles 226 & 227 of
the Constitution of India praying to quash order
dated:4.4.2017 passed in Appeal No.108/2016 by the EPF
Appellate Tribunal vide Annexure-F and direct the EPF
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Appellate Tribunal, Bangalore to restore the appeal filed by
the petitioner; remand the matter back to the Employees
Provident Funds Appellate Tribunal, Bengaluru and grant a
period of 8 weeks for depositing the remaining amount and
direct the Tribunal to hear the appeal on merits, etc.,

      This writ petition, coming on for Preliminary Hearing
'B' Group, this day, the Court made the following:

                          ORDER

The petitioner in the above petition has made two prayers, viz.,:-

i. Issue a writ in the nature of Certiorari or any other appropriate writ or order quashing order dated 04.04.2017 passed in Appeal No.108/2016 by the EPF Appellate Tribunal (Annexure-F) and direct the EPF appellate tribunal, Bangalore to restore the appeal filed by the petitioner.

ii. Remand the matter back to the Employees Provident Funds Appellate Tribunal, Bengaluru and grant a period of 8 weeks for depositing the remaining amount and direct the Tribunal to hear the appeal on merits to meet the ends of justice.

2. In so far as prayer (ii) is concerned, it has become infructuous since this petition is pending for 3 more than ten months. Accordingly, prayer (ii) does not survive for consideration.

3. As regard to prayer (i), the order dated 04.04.2017 is passed by the Appellate Authority on I.A. for extension of time to comply with the order dated 14.12.2016. After considering the application, further three weeks time was granted.

4. Learned counsel for the petitioner submits that the above order requires to be set aside, on the ground that peremptory order has been passed by the Appellate Authority. Learned Counsel further submits that both prayer (i) & (ii) have become infructuous.

5. Learned counsel for the respondent submits that I.A. was disposed of granting three weeks time for making deposit. In case if the order is not complied, order would automatically become infructuous and the matter would be pending.

6. In the light of the submissions made by learned counsel for both the parties, it is clarified that in case if the order dated 04.04.2017 is not complied within the stipulated period, the matter will be pending for adjudication, since the order has become infructuous and Appellate Authority has to pass appropriate orders in the appeal, as expeditiously as possible.

Accordingly, writ petition is disposed of.

Sd/-

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