The Regional/Asst. Provident Fund Commisisoner Vs B S Geetha — Karnataka HC (2025) — LawSathi Research

The Regional/Asst. Provident Fund Commisisoner Vs B S Geetha — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Review petition disposed of with clarification that the order dated 11.08.2023 in W.P.No.13507/2021 shall not give rise to any allegation of disobedience as against the review petitioners; entitlement of the writ petitioners to higher pension to be decided in the pending writ petitions, with any interim protection subject to their outcome.

Issue for consideration

Whether paras 9 and 10 of the order dated 11.08.2023 in W.P.No.13507/2021 — recording that the interim order dated 04.09.2020 in W.P.No.8767/2020 would continue till consideration of the representations — contain an error apparent on the face of the record so as to justify review (grievance urged by the review petitioners, who contend no interim order stayed the communication dated 07.04.2021). +2 more

Court's answer

No ground for review is made out.

Ratio / Principle

Whether the writ petitioners are entitled to higher pension is an issue pending consideration in the writ petition filed against the subsequent orders of the authorities, and the same cannot be adjudicated in review jurisdiction.

Key takeaways

The entitlement of the writ petitioners to higher pension will be decided in the pending writ petitions, and the interim protection, if any, shall be subject to the outcome thereof.ratio¶¶116
Clarification: the order dated 11.08.2023 in W.P.No.13507/2021 shall not give rise to any allegation of disobedience as against the review petitioners.ratio¶¶116

Detailed headnote1 paragraphs

Review Petition No.477/2023 under S.114 r/w Order XLVII Rule 1 CPC by the EPF authorities (Regional/Asst. PF Commissioner, Bengaluru; EPFO, New Delhi; Addl. Central PF Commissioner(HQ), Bengaluru Zone) — respondent Nos.2 to 4 in W.P.No.13507/2021 (L-PF) — seeking review of this Court's order dated 11.08.2023 disposing of the writ petition of 45 pensioner-respondents with liberty to submit representations for consideration in light of the Apex Court judgment in The Employees Provident Fund Organization v. Sunil Kumar B, (2022) SCC Online SC 1521. Grievance: paras 9 and 10 of that order recorded continuation of the interim order dated 04.09.2020 in W.P.No.8767/2020 till consideration of the representations — an alleged error apparent on the face of the record, since no interim order had stayed the communication dated 07.04.2021 — and continuation of interim protection would unjustly burden the authorities with higher-pension liabilities, the respondents allegedly not being entitled to higher pension per para 44(v) of the Supreme Court order in Civil Appeal Nos.8143-8144/2022 (arising out of SLP Nos.8658-8659/2019). Counsel for the writ petitioners submitted that the representations had since been considered and orders passed, now under challenge in separate writ petitions, and undertook not to initiate disobedience proceedings. Held: no ground for review is made out; entitlement to higher pension is pending in the writ petitions against the authorities' subsequent orders and cannot be adjudicated in review jurisdiction; the order dated 11.08.2023 shall not give rise to any allegation of disobedience against the review petitioners; interim protection, if any, subject to the outcome of the pending writ petitions. Review petition disposed of. — Justice K.S. Hemalekha, 03.09.2025.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

REVIEW PETITION NO.477 OF 2023 IN WRIT PETITION NO.13507/2021 (L-PF)

BETWEEN:

THE REGIONAL/ASST. PROVIDENT FUND COMMISISONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE-BENGALURU (KORAMANGALA), ANNAPOORNESHWARI COMPLEX, 37/1, 6^TH MAIN, HOSUR MAIN ROAD, SINGASANDRA, BENGALURU-560068.

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAWAN, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, 14-BHIKAJI CAMA PLACE, NEW DELHI-110066, REPRESENTED BY CENTRAL PROVIDENT FUND COMMISSIONER (CPFC).

ADDL. CENTRAL P.F. COMMISSIONER(HQ), ZONAL OFFICE, BENGALURU ZONE, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, NO.13, RAJARAM MOHAN ROY ROAD, BENGALURU-560 025.

…PETITIONERS

(BY SMT. NANDITA D. HALDIPUR, ADVOCATE)

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AND:

B.S. GEETHA, D/O BADAMI S.P., AGED ABOUT 65 YEARS, R/O NO.76, 10^TH ‘B’ MAIN ROAD, 1^ST BLOCK, JAYANGARA, BENGALURU-560 011.

K.R. NAGARATHANA, AGED ABOUT 65 YEARS D/O RAMSHESHAIAH, NO.108, 6^TH CROSS, 2^ND MAIN, SARVABHOUMANAGARA, CHIKKALASANDRA, BENGALURU-560 061.

RANI M.S., AGED ABOUT 67 YEARS W/O C.T. AIYANNA, NO 43, 7^TH ‘A’ BLOCK PRAGATHI LAYOUT 9^TH PHASE, J.P.NAGARA, BENGALURU-560083.

VASANTH H.D., AGED ABOUT 66 YEARS, S/O DHARANEDRANATH, FLAT NO.302, 2^ND FLOOR, ARNEESH ROSE APARTMENT, 42/2, NANJAPPA LAYOUT, ARAKERE MICO LAYOUT POST OFFICE, B.G. ROAD, BENGALURU-560076.

SARASWATHAMMA K, AGED ABOUT 65 YEARS, W/O V. SRINIVASAIAH, NO.752, 3^RD CROSS, DVG ROAD, BTS LAYOUT ARAKERE, BANNERGHATTA ROAD, BENGALURU-560076.

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AJJE GOWDA D.S. AGED ABOUT 66 YEARS, S/O SANNE GOWDA, NO.63, LAKSHMI NIVAS, 3^RD MAIN, 2^ND CROSS, BRINDAVAN NAGARA, CHIKKA ADUGODI, BENGALURU-560029.

NARASIMHA MURTHY P, AGED ABOUT 65 YEARS, S/O M. PAPANNA, NO.92 15^TH CROSS, 15^TH MAIN, HONGASANDRA MICO LAYOUT, BENGALURU-560019.

RACHAIAH S., AGED ABOUT 65 YEAR, S/O S. SIDDAIAH, NO.61, BRINDAVANA NAGAR, ARKAVATHI RIVER ROAD 1^ST CROSS, BENGALURU-560019.

C.P. RAJAGOPAL, AGED ABOUT 68 YEARS, S/O LATE PUTTASWAMY GOWDA, R.K. BADAVANE, 4^TH CROSS, 2^ND STAGE, UPKERE MAIN ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-562160.

SRINIVASA R, AGED ABOUT 65 YEARS, S/O CHIKKA SEETHAPPA, 35/17K, 1^ST BLOCK, 13^TH CROSS, RAJAJINAGAR, BENGALURU-560010.

K.P. THIMME GOWDA, AGED ABOUT 68 YEARS,

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S/O LATE PUTTASWAMY, NO.11/1-1(73), CHANNAKRISHANAPPA STREET, BENGALURU-560003.

B.N. SIDENUR, AGED ABOUT 68 YEARS, S/O LATE NINGAPPA, NO.2689, BRAHMAGIRI, BEHIND CANARA BANK, 4^TH CROSS, NANJUNDAIAH BADAVANE, BENGALURU-560068.

DODDA HONNASHETTY, AGED ABOUT 65 YEARS, S/O LATE RANGA SHETTY, NO.733, 4^TH CROSS, 9^TH MAIN ROAD, R.P.C. LAYOUT, BENGALURU-560040.

B.R. UMADEVI, AGED ABOUT 65 YEARS, W/O S. SATHYANARAYANA, NO.9, K S R LAYOUT, DEVARACHIKKANAHALLI, BANNEGHATTA ROAD, BENGALURU-560076.

K. MOHAMED FAROOQ, AGED ABOUT 72 YEARS, S/O K MOHAMMED IBRAHIM, NO.49, 13^TH CROSS, 9^TH MAIN, 3^RD STAGE PILLANNA GARDEN, BENGALURU-560045.

SUNDARA RANJU C, AGED ABOUT 64 YEARS, S/O CHANDRAPPA, S. MEDIHALLI BIDERAGUPPA POST, (VIA) ATTIBELE, BENGALURU-562107.

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K.N. JAYARAM REDDY, AGED ABOUT 66 YEARS, S/O NANJA REDDY, NO.192, 6^TH CROSS, 28^TH MAIN, HRS 1^ST SECTOR, BENGALURU 560102.

DHANASHEKAR S, AGED ABOUT 65 YEARS, S/O SUBBARAYA, NO.10, NEW PILLA REDDY LAYOUT, 1^ST MAIN ROAD, DEVARACHIKKANA HALLI, BILEKAHALLI POST, BENGALURU-560051.

S.M. SADULLA, AGED ABOUT 67 YEARS, S/O MOHAMMED ATAULLA, NO.11, NEW NO.32, VENKATAPPA ROAD, QUEENS ROAD CROSS, TASKER TOWN, SHIVAJINAGAR, BENGALURU-560051.

SHIVALINGAIAH, AGED ABOUT 70 YEARS, S/O KEMPALINGAIAH, NO.92/2, 4^TH MAIN ROAD, 10^TH CROSS, GOVINDARAJANAGAR, BENGALURU-560040.

NARAYANA K, AGED ABOUT 69 YERS, S/O M. KRISHNAPPA, 854C, 10^TH MAIN, 3^RD CROSS, 2^ND STAGE, INDRANAGAR, BENGALURU-560038.

H.C. SIDDAPPA, AGED ABOUT 66 YEARS,

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S/O CHIKKAVEERAIAH, NO.81/1, HONGASANDRA, MICO LAYOUT ROAD, BENGALURU-560068.

INDIRAMMA, AGED ABOUT 69 YEARS, D/O LATE R. RANGANATHAIAH NERALE VILLAGE AND POST, NANJUNGUDU TALUK, MYSORE DISTRICT-571312.

C. HONGERE GOWDA, AGED ABOUT 64 YEARS, S/O LATE CHOPE GOWDA, CHAMALAPUR VILLAGE, NO.3/1, DWARAKAMAYI NILAYA, 5^TH CROSS, ITTAMADU MAIN ROAD, BANASHANKARI 3^RD STAGE, BENGALURU – 560085.

NAGARAJA V., AGED ABOUT 66 YEARS, S/O VENTAKARAMAO ROAD, NO.3, BTM LAYOUT 4^TH STAGE, 2^ND BLOCK, D.C.HALLI MAIN ROAD, BENGALURU - 560 076.

N. KISHORE BABU, AGED ABOUT 68 YEARS, S/O G.NARASIMHAIAH, NO.6/121, 1^ST ‘A’ CROSS, 8^TH MAIN, BTM 1^ST STAGE, BENGALURU - 560029.

M.G. HEGDE, AGED ABOUT 71 YEARS, S/O LATE GANAPATHI MAHABALESHWARA HEGDE, LAKAHMI VENKATESHWARA NILAYA, YADAMUDU KAGLAHALLI POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 112.

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P. NAGARAJA, AGED ABOUT 71 YEARS, S/O R. PUTTAIAH, NO.581, 8^TH CROSS, 2^ND MAIN MICO LAYOUT, BMT 2^ND STAGE, BENGALURU - 560 076.

JAYASHANKAR S.M. AGED ABOUT 66 YEARS, S/O LATE S.M. SHANTHAVEERAIAH, KANCHAMALLANDHALLY POST, KUDLIGI TALUK, BELLARY - 563218.

K.N.VIDYAVATHI, AGED ABOUT 66 YEARS, W/O S.M. NAGENDRA RAO, NO.2, “SRIVIDYA”, 9^TH CROSS, 16^TH MAIN, BTM 1^ST STAGE, BENGALURU - 560 029.

PUTTARAJU C.T., AGED ABOUT 66 YEARS, S/O THIMMAIAH, NO.35/24, 1^ST MAIN ROAD, BOVI COLONY, S.G.PALYA, DRC POST, BENGALURU - 560 029.

M. KUMARA ARADHYA, AGED ABOUT 70 YEARS, S/O M. MALLANNA ARADHYA, NO.13/6, 1^ST MAIN, 1^ST CROSS, NARAYANNAPPA GARDEN, TAVAREKERE, BENGALURU - 560029.

N. THYAGARAJ, AGED ABOUT 68 YEARS, S/O NAGAPPA,

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NO.21/4, BRINDAVANA NAGARA, 1^ST MAIN ROAD, TAVAREKERE MAIN ROAD, BENGALURU - 560029.

CHOWDESHWARI, AGED ABOUT 65 YEARS, W/O LATE M. REVANASIDDAPPA, NO.143, 6^TH CROSS, JANATHA COLONY, HULIMAVU, BANNERGAHTTA ROAD, BENGALURU - 560076.

M.S. NARASE GOWDA, AGED ABOUT 72 YEARS, S/O SANJEEVE GOWDA, NO.383/A, 1^ST MAIN, SFS 407, 4^TH PHASE, YELAHANKA NEW TOWN, BENGALURU – 560064.

GOPAL Y., AGED ABOUT 66 YEARS, S/O YALLAPPA, NO.1451, 2^ND FLOOR, 17^TH CROSS, KUMARASWAMY LAYOUT, BENGALURU - 560078.

DR. B.V. MUNIRAJU, AGED ABOUT 70 YEARS, S/O VENKATASHAMAPPA K, NO.20, 21, 5^TH MAIN, SIDDIVINAYAKA LAYOUT, VIRUPAKSHAPURA, BENGALURU - 560097.

G. NAGARAJA, AGED ABOUT 71 YEARS, S/O H. GURURAJU, NO.14, SRI SAPTAGIRI,

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29 A MAIN, BTM LAYOUT, 1^ST STAGE, BENGALURU - 560068.

K.V. NARAYANA SWAMY, AGED ABOUT 69 YEARS, S/O VENKATAPPA, C/O N. THYAGARAJ, NO.21/4, BRINDAVANA NAGARA, 1^ST MAIN ROAD, TAVAREKERE MAIN ROAD, BENGALURU - 560029.

NANJUNDAPPA, AGED ABOUT 72 YEARS, S/O MUDALAPPA, NO.589, 60 FEET ROAD, ’D’ GROUP LAYOUT, SRINGADHAKA KAVAL, VISWANEEDAM POST, BENGALURU - 560030.

GITA, AGED ABOUT 68 YEARS, W/O N.S GOWDAIAH, NO.40/12, 3^RD CROSS, LAKKASANDRA, BENGALURU – 560030.

K. LALITHA, AGED ABOUT 68 YEARS, W/O LATE T.L .SHIVAKUMAR, NO.5, NANDI RESIDENCY, DOOR NO.304, 1^ST MAIN, 2^ND CROSS, NGEF LAYOUT, NAGARABHAVANI, BENGALURU - 560072.

A. VIMAL, AGED ABOUT 64 YEARS, W/O D. CHAMARAJA,

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NO.40/2, NEW POTTRY TOWN, 1^ST CROSS, BENSON TOWN POST, NEAR MUNESHWARA TEMPEL, BENGALURU - 560046.

B.M. KRISHNAPPA, AGED ABOUT 66 YEARS, S/O MADANNE GOWDA, NO.74/5, HULIMAVU, BANNERGHATTA ROAD, BENGALURU - 560076.

M.R. NARAYANA, AGED ABOUT 66 YEARS, S/O LATE RANGAPPA, KASABA HOBLI, KUNIGAL TOWN, BIDANAGERE POST, BIDANAGERE, TUMAKURU DISTRICT-572130.

UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI – 110001, REPRESENTED BY SECRETARY.

BENGALURU URBAN, BENGALURU RURAL AND RAMANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD, DR. M.H. MARI GOWDA ROAD, BENGALURU – 560029, REPRESENTED BY MANAGING DIRECTOR.

THE KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., KMF COMPLEX, M.H.MARI GOWDA ROAD, HOSUR ROAD,

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BENGALURU - 560 027, REPRESENTED BY MANAGING DIRECTOR.

…RESPONDENTS

(BY SRI. ABHINAV RAMANAND A., ADVOCATE FOR R1 TO R45; SMT. ANUPAMA HEGDE, ADVOCATE FOR R46;

[NOTICE NOT YET ORDERED IN R/O R47 AND R48])

THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER XLVII RULE 1 OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 11.08.2023 PASSED IN WP NO.13507/2019 AT ANNEXURE-A AND PASS APPROPRIATE ORDERS DELETING PARAS 9 AND 10 OF THE ORDER AND PASS NECESSARY ORDERS IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The present review petition is preferred by

respondent Nos.2 to 4 in W.P.No.13507/2021 seeking to review the order dated 11.08.2023 passed by this Court. By said order, this Court disposed of the said writ petition reserving liberty to the petitioners therein to submit representation to the respondent-authorities with direction that such representation be considered in the light of the judgment of the Apex Court in the case of The Employees Provident Fund Organization and Another

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etc. v. Sunil Kumar B and Others etc.¹ (Sunil Kumar .B).

The grievance of review petitioners is that in paragraph Nos.9 and 10 of the said order, this Court observed that the interim order dated 04.09.2020 passed in W.P.No.8767/2020 would continue till the consideration of the representations. According to the review petitioners, in fact there was no interim order staying the communication dated 07.04.2021 and therefore, the continuation recorded by this Court is an error apparent on the face of the record. It is further urged that the respondents are not entitled to higher pension as per paragraph No.44(v) of the order passed by the Hon’ble Supreme Court in Civil Appeal Nos.8143-8144/2022 arising out of SLP Nos.8658-8659/2019 and continuation of the interim protection would unjustly burden the authorities with higher pension liabilities, even though the

claim is not legally sustainable.

1 (2022) SCC Online SC 1521

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Per contra, learned counsel appearing for the respondents/writ petitioners submits that pursuant to the Court’s order dated 11.08.2023, the representations have already been considered by the competent authorities and orders have been passed. Those orders are now under challenge in separate writ petitions before this Court. It is therefore submitted that any interim protection granted earlier has worked itself out, and the rights of parties will necessarily abide by the result of those writ petition. Learned counsel fairly submits that, on basis of the order dated 11.08.2023 in W.P.No.13507/2021, the writ petitioners will not claim or initiate any proceedings alleging disobedience as against the review petitioners/authorities and all claims are subject to adjudication in pending writ proceedings.

Having considered the rival submission, this Court is of the opinion that no ground for review is made out. Whether the writ petitioners are entitled to higher pension is an issue pending consideration in the writ

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petition filed against the subsequent orders of the authorities, and the same cannot be adjudicated in review jurisdiction. In view of the above, the review petition stands disposed of, with the clarification that the order dated 11.08.2023 in W.P.No.13507/2021 shall not give rise to any allegation of disobedience as against the review petitioners. The entitlement of the writ petitioners to higher pension will be decided in pending writ petitions, and the interim protection, if any, shall be subject to the

outcome thereof.

Sd/-

__________________________ JUSTICE K.S. HEMALEKHA

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