Writ petition challenging EPF recovery proceedings was withdrawn by counsel's memo on the ground that the reliefs had become infructuous. The court took the memo on record and dismissed the petition as infructuous.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 51502 OF 2018 (L-PF)
BETWEEN:
MR. MUKKARAM JAN S/O. LATE AZAM JAN, AGED ABOUT 51 YEARS, R/AT FLAT NO.G-10, NO.5, CAVALCADE APARTMENTS, BENSON CROSS ROAD, BENSON TOWN, BENGALURU - 560 046.
…PETITIONER
(BY SRI. PAVAN V. ADVOCATE FOR SRI. CHINTAN CHINNAPPA., ADVOCATE)
AND:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. NANDITA HALDIPUR., ADVOCATE FOR R2-3
SMT. SUKANYA ACHARYA., CGC FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTIONS OF THE RESPONDENTS IN COMMENCING PROCEEDINGS AGAINST THE PETITIONER UNDER THE EPF ACT, 1952, PURSUANT TO NOTICE DATED 03.09.2018 [ANNEXURE-C] AS ILLEGAL, UNCONSTITUTIONAL AND ARBITRARY IN LAW, AND CONSEQUENTIALLY STRIKE DOWN THE SAME AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed memo for withdrawal. Learned counsel for the petitioner submits that this petition has been rendered infructuous and the memo reads as under:
"The undersigned counsel for the Petitioner is filing the instant memo seeking withdrawal of
the present petition. The reliefs sought in the instant petition have become infructuous. Therefore, the Petitioner may be permitted to withdraw the instant petition in the interests of justice and equity."
petition is dismissed as having become infructuous .
Sd/JUDGE
DDU
List No.: 1 Sl No.: 8
2 provisions across 2 enactments
Mukkaram Jan S/o. Late Azam Jan
Ministry of Labour & Employment, Government of India
Regional Provident Fund (PF) Commissioner, Employees Provident Fund Organisation, Bengaluru
Assistant Provident Fund Commissioner & Recovery Officer, Employees Provident Fund Organisation, Bengaluru
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
