The High Court dismissed a writ petition challenging an order under Section 7A of the EPF and MP Act, noting that the petitioner had filed a statutory appeal against the same order before the Central Government Industrial Tribunal, leaving nothing for consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:26644 WP No. 10150 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 10150 OF 2024 (L-PF)
BETWEEN:
M/S. I2GEN INDIA LLP., A LIMITED LIABILITY PARTNERSHIP, HAVING ITS REGISTERED OFFICE AT: TURQUOISE BY SRC, 2ND FLOOR, BILEKHALLI VILLAGE, BEGUR HOBLI, VIJAYA BANK COLONY, BANNERGHATTA ROAD, BENGALURU-560 076, REPRESENTED BY ITS MANAGING PARTNER, MR. PRAYAG KRISNAKAANT.
…PETITIONER
(BY SRI. HEMANTH.R.RAO., ADVOCATE [ABSENT])
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
REGIONAL PROVIDENT FUND COMMISSIONER-II, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, KORAMANGALA, ANNAPOORNESHWARI COMPLEX, SURVEY NO. 37/1, 6TH MAIN, SINGASANDRA, HOUSE MAIN ROAD, BENGALURU-560 068.
…RESPONDENT
(BY SRI. B.PRAMOD., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
NC: 2024:KHC:26644 WP No. 10150 of 2024
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When the matter is called, there is no representation on behalf of petitioner either personally or through video conferencing.
Sri.B.Pramod., learned counsel for the respondent has appeared in person.
The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:27.12.2023 passed by the respondent under Section 7A of the EPF and MP Act, 1952 vide Annexure-A, the petitioner also sought for quashing the orders of attachments vide Annexures-B to E and the Garnishee orders vide Annexures-F and G.
Counsel Sri.B.Pramod., in presenting his arguments submits that a memo has been filed furnishing the copy of the notice issued by the Tribunal stating that the petitioner has filed a statutory appeal challenging the 7A order before the Central Government Industrial Tribunal Cum Labor Court, Bengaluru in No.EPF ITB No.42/2024. Hence, the Writ Petition
is not maintainable. Counsel further submits that he may be permitted to file the memo in the open Court and the same may be placed on record.
The oral submission made by learned counsel for the respondent and the memo is placed on record.
A perusal of the memo reveals that the petitioner has filed an appeal as against 7A order. Since the appeal is filed under Section 7A of the EPF and MP Act, 1952, nothing survives for consideration in the present Writ Petition. Hence, the Writ Petition is dismissed .
Because of the dismissal of the Writ Petition, the interim order granted if any stands discharged and the pending interlocutory applications if any are disposed of.
Sd/JUDGE
MRP List No.: 1 Sl No.: 30
1 issue framed by the court
Whether the Writ Petition was maintainable when a statutory appeal under Section 7A of the EPF and MP Act had already been filed before the Tribunal?
2 provisions across 2 enactments
M/S. I2GEN INDIA LLP.
Regional Provident Fund Commissioner-II, Employees Provident Fund Organization
Justice Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
