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The Dusters vs the Regional Provident Fund Commissioner

The Dusters vs The Regional Provident Fund Commissioner

Type Court Judgment Court Karnataka Orders Decided Nov 29, 2024
~3 min read
https://sooperkanoon.com/case/1907743

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/12052/2024

Parties & Advocates

Appellant / Petitioner

The Dusters

Respondent

The Regional Provident Fund Commissioner

Excerpt

.....writ petition is filed seeking following reliefs:1. issue a writ in the nature of certiorari to quash thenotices/ orders dated 17.01.2024, 16.02.2024 and 21.03.2024 (annexures b to g, j, k to n, q and r) and all adjudication proceedings preceding the said -3- notices/ orders and all recovery and enforcement proceedings consequent thereto;2. pass such other orders as this court deems fit to grant in facts and circumstances of the petitioners that this court deems fit.3. counsel for the respective parties urged several contentions. heard the arguments and perused the writ papers with care.4. counsel sri.devaiah.i.s., submits that thepetitioners have filed an appeal before the epf appellate tribunal cum cgit, bengaluru and they have also sought for interim relief. counsel therefore, submits that an appropriate counsel for the respondent submits that an appropriate5. taking note of the fact that the petitioners haveavailed the alternate and efficacious statutory remedy by filing an appeal before the epf tribunal, nothing survives for consideration in the captioned writ petition. hence, the writ petition is disposed of. -4- it is made clear that the interim order granted by this court on 24.04.2024 shall continue to operate till the consideration of the interim relief by the tribunal.6. lastly, counsel sri.devaiah.i.s., submits thatpursuant to the interim order granted by this court, the petitioner has deposited the amount before this court. hence, an appropriate order may be passed. submission is noted. a perusal of the office note depicts that pursuant to the interim order, the petitioner has deposited the amount. because of disposal of the writ petition, the registry concerned is directed to transmit the amount in deposit to the tribunal forthwith. sd/- (jyoti mulimani) judge tkn list no.: 1 sl no.: 30

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 12052 OF 2024 (L-PF) BETWEEN:

1. THE DUSTERS,

AN ERSTWHILE SOLE PROPRIETORSHIP CONCERN, HAVING HAD ITS OFFICE EARLIER AT: 32, 2ND FLOOR, K.R.COLONY, DOMLUR LAYOUT, BENGALRU-560 071. REPRESENTED HEREIN BY ITS MANAGING DIRECTOR.

2. DUSTERS TOTAL SOLUTIONS SERVICES (P) LTD.,

A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT: 332/1, CORPORATE MILLER, 3RD FLOOR, THIMMAIAH ROAD, VASANTH NAGAR, BANGALORE-560 052. REPRESENTED BY ITS MANAGING DIRECTOR. Digitally signed by THEJASKUMAR N

3. MR. SHAMSHER PURI, Location: High Court of S/O COL K.P.PURI, Karnataka AGED ABOUT 55 YEARS, HAVING OFFICE AT 332/1, CORPORATE MILLER, 3RD FLOOR, THIMMAIAH ROAD, VASANTH NAGAR, BANGALORE-560 052. …PETITIONERS (BY SRI. DEVAIAH.I.S., ADVOCATE) AND:

1. THE REGIONAL PROVIDENT FUND COMMISSIONER, -2- REGIONAL OFFICE, BANGALORE CENTRAL-560 025.

2. ASSISTANT PF COMMISSIONER

AND RECOVERY OFFICER, BHAVISHYANIDHI BHAVAN, NO.13, RAJARAM MOHAN ROY ROAD, BANGALORE-560 025. …RESPONDENTS (BY SRI. M.PRADEEP., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Devaiah.I.S., counsel for the petitioners and Sri.M.Pradeep., counsel for the respondents have appeared in person.

2. The captioned Writ Petition is filed seeking following reliefs:

1. Issue a Writ in the nature of Certiorari to quash the

notices/ orders dated 17.01.2024, 16.02.2024 and 21.03.2024 (Annexures B to G, J, K to N, Q and R) and all adjudication proceedings preceding the said -3- notices/ orders and all recovery and enforcement proceedings consequent thereto;

2. Pass such other orders as this Court deems fit to grant in facts and circumstances of the petitioners that this Court deems fit.

3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

4. Counsel Sri.Devaiah.I.S., submits that the

petitioners have filed an appeal before the EPF Appellate Tribunal Cum CGIT, Bengaluru and they have also sought for interim relief. Counsel therefore, submits that an appropriate Counsel for the respondent submits that an appropriate

5. Taking note of the fact that the petitioners have

availed the alternate and efficacious statutory remedy by filing an appeal before the EPF Tribunal, nothing survives for consideration in the captioned Writ Petition. Hence, the Writ Petition is disposed of. -4- It is made clear that the interim order granted by this Court on 24.04.2024 shall continue to operate till the consideration of the interim relief by the Tribunal.

6. Lastly, counsel Sri.Devaiah.I.S., submits that

pursuant to the interim order granted by this Court, the petitioner has deposited the amount before this Court. Hence, an appropriate order may be passed. Submission is noted. A perusal of the office note depicts that pursuant to the interim order, the petitioner has deposited the amount. Because of disposal of the Writ Petition, the Registry concerned is directed to transmit the amount in deposit to the Tribunal forthwith. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 30

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