M/S Karle International Private ... vs The Regional Provident Fund on 19 February, 2014

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Karnataka High Court

M/S Karle International Private ... vs The Regional Provident Fund on 19 February, 2014

Bench: Ram Mohan Reddy

                          1

                                             W.P.7933/14

IN THE HIGH COURT OF KARNATAKA, BANGALORE

  DATED THIS THE 19TH DAY OF FEBRUARY, 2014

                      BEFORE

  THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

        WRIT PETITION NO. 7933/2014 [L-PF]

BETWEEN :

M/S. KARLE INTERNATIONAL
PRIVATE LIMITED
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE INDIAN COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT No. 151, INDUSTRIAL SUBURB,
YESHWANTHPUR
BANGALORE - 560 022.
REP.BY ITS MANAGING DIRECTOR
MAHENDRA KARLE.
                                         ... PETITIONER

(BY SRI.P S DINESH KUMAR & KUMAR M N, ADVOCATES)

AND :

THE REGIONAL PROVIDENT FUND
COMMISSIONER - I
REGIONAL OFFICE, PEENYA
BANGALORE - 560 058.
                                        ... RESPONDENT

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER PASSED BY THE HON'BLE APPELLATE
TRIBUNAL VIDE ANN-G AND DIRECT THE LD.EPF APPELLATE
TRIBUNAL TO HEAR THE APPEAL WITHOUT ANY PRE-DEPOSIT
AND DISPOSE OF THE APPEAL ON MERITS; ETC.
                                  2

                                                         W.P.7933/14

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

                             ORDER

Petitioner, having suffered an order dated 14.11.2013 Annexure-D of the Regional Provident Fund Commissioner, directing recovery of damages of Rs.52,30,001/- invoking section 14B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 [for short 'Act'], in the matter of belated payment of the contributions for the period March 2010 to June 2013, led to filing of the appeal ATA 23[6]/2014 before the Employees Provident Fund Appellate Tribunal, New Delhi, invoking section 7-I of the Act, with an application under the proviso to section 7-0 of the Act for waiver or reducing the amount to be deposited, on filing the appeal, the Appellate Tribunal, by order dated 13.1.2014 Annexure-G while directing stay of the order of the Regional Provident Fund Commissioner, in appeal was made subject to deposit of an amount of Rs.20 3 W.P.7933/14 lakhs with the respondent - authority within four weeks. Hence this petition.

2. Regard being had to the proviso to section 7-0 of the Act, that the Tribunal may for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section, since the original section requires appellant to deposit 75% of the amount due from him, as determined by the Officer referred to in section 7-A of the Act, when the appeal to be entertained, no exception can be taken to the discretion exercised by the Appellate Tribunal, in the matter of directing deposit of Rs.20 lakhs for consideration of the appeal.

3. Petition, devoid of merits, is rejected.

Sd/-

JUDGE AN/-

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