Disposed

M/S Hindustan Distilleries (Karnataka) v. the Regional Provident Fund Commissioner

Karnataka HC10 Oct 2023WP/34994/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging PF attachment orders after the underlying appeal was dismissed for non-prosecution. The Court directed transmission of the deposited amount to the Respondent and continued the interim order until a Presiding Officer is appointed.

What did the court decide?

Writ Petition disposed; Interim order continued pending Presiding Officer appointment; Deposited amount to be transmitted to First Respondent.

M/S Hindustan Distilleries (Karnataka) Vs… — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC:36714 WP No. 34994 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.34994 OF 2017 (L-PF)

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BETWEEN:

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M/S. HINDUSTAN DISTILLERIES (KARNATAKA) PVT. LTD., REGISTERED OFFICE AND FACTORY AT SY.NO.54 & 55, VEERLAGOLLAHALLI, B.H.ROAD, GAURIBIDANUR - 561 208, CHICKBALLAPUR DISTRICT, KARNATAKA, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.T.S.R.KHANNAIYYAN.

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…PETITIONER

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(BY SRI.NATARAJA BALLAL, ADVOCATE)

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AND:

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THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB-REGIONAL OFFICE,

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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#2, MARUTHI COMPLEX,

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1^ST A MIN, HIG A SECTOR,

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NEAR SBI, YELAHANKA NEW TOWN, BANGALORE - 560 064.

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UNION OF INDIA, MINISTRY OF LABOUR, NEW DELHI.

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…RESPONDENTS

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(BY SMT. NANDITA HALDIPUR., ADVOCATE FOR R1; SRI. H.SHANTHI BHUSHAN., DSGI FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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NC: 2023:KHC:36714 WP No. 34994 of 2017

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THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri.Nataraja Ballal., learned counsel for the petitioner and Smt.Nandita Haldipur., learned counsel for respondent No.1 have appeared in person.

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The first respondent passed an order under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 on 04.04.2017. The petitioner challenged the said order before the Appellate Tribunal in Appeal No. A/KN-144/2017. The order of attachment was passed on 24.04.2017, 08.05.2017 and 20.06.2017 vide Annexures-K, K1 and K2. These orders are called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition.

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Counsel Sri.Nataraja Ballal., submits that during the pendency of the Writ Petition, the appeal filed before the Appellate Tribunal came to be dismissed for non-prosecution on 26.10.2020. Counsel also submits that an application is filed for restoration of the appeal.

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3 - NC: 2023:KHC:36714 WP No. 34994 of 2017

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This Court vide order dated:14.08.2017 granted interim order subject to petitioner depositing 50% of the amount before this Court. Counsel Sri.Nataraja Ballal., submits that pursuant to the interim order, the petitioner has deposited a sum of Rs.20,48,975/- (Rupees Twenty Lakh Forty Eight Thousand Nine Hundred and Seventy Five only) before this Court. Learned counsel submits that the petitioner shall pursue the application filed for restoration, therefore he submits that the Writ Petition may be disposed of and the interim order granted by this Court may be continued till the appointment of the Presiding Officer.

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Smt.Nandita Haldipur., learned counsel for respondent No.1 submits that appropriate order may be passed.

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The submission made on behalf of the respective parties is placed on record and the Writ Petition is disposed off holding that the petitioner shall pursue the application for restoration before the Appellate Tribunal and the interim order granted by this Court shall continue to operate till the appointment of the Presiding Officer.

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NC: 2023:KHC:36714 WP No. 34994 of 2017

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In the last resort, counsel Sri.Nataraj Ballal.,

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submits that in view of disposal of the Writ Petition, the amount in deposit may be transmitted to the account of the first respondent.

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Submission is noted.

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Learned counsel for respondent No.1 is directed to furnish the bank details of the first respondent.

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The Registry concerned is hereby directed to transmit the

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amount in deposit to the account of the first respondent by collecting necessary Bank details of the first respondent.

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6. Resultantly, the Writ Petition is disposed of .

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TKN/MRP List No.: 2 Sl No.: 4

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Sd/JUDGE

M/S Hindustan Distilleries (Karnataka) v. the Regional Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

M/S Hindustan Distilleries (Karnataka) v. the Regional Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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