The High Court of Karnataka dismissed a writ petition challenging orders under Section 14B and 7Q passed by the Assistant Provident Fund Commissioner. The court observed that the appeal on the same matter had been dismissed by the Appellate Tribunal, rendering the writ petition superfluous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 18768 OF 2018 (L-PF)
BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION (KSRTC), MYSORE (URBAN DIVISION), BANNIMANTAP, MYSORE - 570 015, REPRESENTED BY THE CHIEF LAW OFFICER, KSRTC CENTRAL OFFICES, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027.
…PETITIONER
(BY SRI. SANJEEV B.L, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. M. PRADEEP, ADVOCATE FOR R1; SRI. L. NARASIMHAIAH, PARTY IN PERSON - R2)
NC: 2024:KHC:45720 WP No. 18768 of 2018
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS ISSUED UNDER SECTION 14B AND 7Q BOTH DATED 31.01.2018 AND PASSED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE MYSORE, THE RESPONDENT HEREIN VIDE ANNX-A AND A1 RESPECTIVELY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the petitioner as well as Sri.M.Pradeep, learned counsel for respondent No.1 and Sri. L.Narasimhaiah-Respondent No.2/Party-in-person.
Appellate Tribunal, New Delhi in A.T.A.No.695(6)2010, (Annexure-F).
" Thus in view of the discussion held above, no infirmity is noticed in the order of the Authority. Hence ordered, the appeal is dismissed. The order of the Authority is hereby upheld. Copy of order be sent to the parties. File be consigned to record room."
by the petitioner-Corporation is dismissed by order dated 25.08.2011, I am of the view that, no further orders are required to be made in this writ petition. However, it is open for
NC: 2024:KHC:45720 WP No. 18768 of 2018
the petitioner to challenge the said order dated 25.08.2011, if
so advised, in accordance with law.
With this observation, the writ petition is dismissed.
SD/(E.S.INDIRESH) JUDGE
PK List No.: 1 Sl No.: 29 CT: BHK
1 issue framed by the court
Whether the writ petition challenging the Provident Fund Authority's orders should be quashed given the existence of an appellate remedy that has been decided.
KARNATAKA STATE ROAD TRANSPORT CORPORATION
EMPLOYEES' PROVIDENT FUND ORGANIZATION REGIONAL OFFICE MYSORE
SRI. L. NARASIMHAIAH
E.S.INDIRESH
As recorded by the court registry
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