M/S.METCUT TOOLINGS (P) LTD., V. THE REGIONAL PROVIDENT FUND COMMISSIONER-I

RP/100097/2019

AI Insights

The case involves M/S Metcut Toolings (P) Ltd., which filed a review petition against the order of a single judge bench of the High Court of Karnataka. The original writ petition challenged an order from the Regional Provident Fund Commissioner-I, Hubballi. The petitioner argued that the Central Government Industrial Tribunal was not functioning, necessitating the approach to the High Court. After the High Court's intervention, the petitioner secured interim orders from the Tribunal and complied with financial directives concerning the disputed provident fund contributions. The review petition sought to revisit the High Court's earlier decision, citing ongoing non-functionality of the Tribunal, but was dismissed based on the protections and compliance already achieved by the petitioner.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 744229 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 12-02-2024
• Assessment Year: misc
• Laws Referred To: Employees' Provident Funds and Miscellaneous Provisions Act, 1952
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: P V GUNJAL
• Assessee Lawyers: KUSHAL BOLMAL
• Keywords: Delay Condoned; Employees Provident Funds; Interim orders; Review petition; Central Government Industrial Tribunal
• Section: 14(b); 7-Q

Judgement Text

" - 1 - NC: 2024:KHC-D:3164 RP No. 100097 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE R.DEVDAS REVIEW PETITION NO. 100097 OF 2019 IN WRIT PETITION NO.104103/2018 BETWEEN: M/S.METCUT TOOLINGS (P) LTD., PLOT NO.18-23, KIAD INDUSTRIAL AREA RAYAPUR, DHARWAD-580009 REPRESENTED BY ITS DIRECTOR, SHRI.SUDHIR SHETTY. …PETITIONER (BY SRI. KUSHAL V BOLMAL., ADVOCATE) AND: THE REGIONAL PROVIDENT FUND COMMISSIONER-I EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BEHIND INCOME TAX DEPARTMENT, NAVANAGAR, HUBBALLI-580025. …RESPONDENT (BY SRI.P.V. GUNJAL., ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO SET ASIDE THE ORDER PASSED BY THE SINGLE JUDGE BENCH OF THIS HON'BLE HIGH COURT IN WRIT PETITION NO. 104103/2018 DATED 06.12.2018 BY ALLOWING THIS REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REVIEW PETITION, COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC-D:3164 RP No. 100097 of 2019 ORDER R.DEVDAS J., (ORAL): This review petition is filed at the hands of the petitioner in W.P.No.104103/2018, which was disposed of by order dated 06.12.2018. There is delay of 233 days in filing the petition. The delay is condoned. 2. The petitioner had approached this Court being aggrieve of the order dated 10.04.2018 passed by the respondent-Regional Provident Fund Commissioner-I, Hubballi. It has been recorded in the order dated 06.12.2018 that the petitioner had to approach this Court in view of the fact that the Central Government Industrial Tribunal was not functioning. Today, the learned Counsel for the respondent would submit that subsequent to the orders being passed by this Court, the petitioner has approached the Central Government Industrial Tribunal and has secured interim orders protecting the petitioner, insofar as the orders passed under Section 14-B of the Employees’ Provident Funds and Miscellaneous Provisions - 3 - NC: 2024:KHC-D:3164 RP No. 100097 of 2019 Act, 1952. Insofar as the directions given by this Court that the petitioner shall deposit 50% of the amount mentioned in the two impugned orders at Annexures-B and C, the learned Counsel for the review petitioner would submit that insofar as the 7-Q order is concerned, the entire amount has been deposited. 3. In the view of the matter, learned Counsel for the respondent would submit that the interest of the petitioner having been protected by interim orders passed by the Central Government Industrial Tribunal and the petitioner having already deposited the entire amount insofar as the orders passed under Section 7-Q is concerned and the fact that no grounds are made out for review the order, the learned Counsel submits that the review petition may be dismissed. 4. Learned Counsel for the petitioner however submits that although it is true that the Central Government Industrial Tribunal has passed the interim orders protecting the interest of the petitioner, - 4 - NC: 2024:KHC-D:3164 RP No. 100097 of 2019 nevertheless, the Central Government Industrial Tribunal is once again not functioning. 5. Having heard the learned Counsel for the review petitioner and the learned Counsel for the respondent- Provident Fund Commissioner, this Court is of the considered opinion that since the interest of the petitioner is already protected by the interim order passed by the Central Government Industrial Tribunal insofar as the order under Section 14-B is concerned and that the review petitioner has deposited the entire amount insofar as the order passed in respect of Section 7-Q is concerned, there is nothing further to be considered in this review petition. 6. In that view of the matter, the review petition stands disposed of. 7. Pending I.As., if any, stand disposed of. Sd/- JUDGE DL CT: JL "