New Bharath Seizing and Security Services V. Union of India Ministry of Labour and Employment and Regional Provident Fund Commissioner and Superintending Engineer O and M Division HESCOM

WP/25898/2024

AI Insights

The case involves M/s. New Bharath Seizing and Security Services, represented by its proprietor Sri. Yallappa Neguni, who filed a writ petition under Article 226 of the Constitution of India against the Union of India, Ministry of Labour and Employment, and other respondents. The petitioner challenged an order from the Regional Provident Fund Commissioner-I, which was passed under Section 7(A) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The petitioner had already filed an appeal with the Central Government Industrial Tribunal (CGIT), which was pending due to the lack of regular sittings at the tribunal. The petitioner sought interim protection from the High Court to prevent any coercive recovery actions based on the commissioner's order until their appeal was heard.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 801019 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 23-09-2024
• Assessment Year: misc
• Laws Referred To: Employees' Provident Funds and Miscellaneous Provisions Act, 1952
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: AJAY M; PRADEEP M
• Assessee Lawyers: RAJESH SHETTIGAR
• Keywords: Appeal Pending; Coercive Action; Employees Provident Funds; Interim protection; Writ petition
• Section: 7(a)

Judgement Text

" - 1 - NC: 2024:KHC:39254 WP No.25898 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.25898 OF 2024 (L-PF) BETWEEN: M/S. NEW BHARATH SEIZING AND SECURITY SERVICES BEHIND BELAVIGI HOSPITAL VIDYANAGAR, RANEBENNUR HAVERI DISTRICT REP. BY ITS PROPRIETOR SRI. YALLAPPA NEGUNI (THE PETITIONER CARRYING OUT HIS BUSINESS UNDER PROPRIETORSHIP CONCERN SINCE FROM 2014). …PETITIONER (BY SRI. RAJESH SHETTIGAR, ADV.,) AND: 1. UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA BHAVISHYANIDHI BHAVAN NO.14, BHIKAIJI CAMA PLACE NEW DELHI 110066 REP. BY ITS SECRETARY. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER REGIONAL OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NEW BLOCK NO.10 BEHIND INCOME TAX OFFICE NAVANAGAR, HUBBALLI 580025. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2024:KHC:39254 WP No.25898 of 2024 3. THE SUPERINTENDING ENGINEER O AND M DIVISION HESCOM, SECTOR NO.6 NEAR PATRIKA BHAVAN NAVANAGAR, BAGALKOT 587 103. …RESPONDENTS (BY SRI.AJAY PRABHU M., CGC FOR R-1, SRI. PRADEEP M, ADV., FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, DIRECTING THE R-1 TO APPOINT THE PRESIDING OFFICER TO CGIT BANGALORE AND DIRECT THE TRIBUNAL TO DISPOSE OFF THE APPEAL DTD 30.08.2024 FILED BY THE PETITIONER AS PER ANNEXURE-L IN ACCORDANCE WITH LAW. DIRECT THE R- NOT TO INITIATE ANY COERCIVE ACTION AGAINST THE PETITIONER FOR RECOVERY OF AMOUNT AS PER ORDER BEARING NO. KN/HBL/ENF/2023- 24/63342/2428 DTD 06.03.2024 (ANNEXURE-B) PASSED BY THE R-2 UNTIL APPEAL TAKEN UP BY THE TRIBUNAL FOR HEARING & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner is before this Court challenging the order dated 06.03.2024 passed by the respondent No.2-Regional Provident Fund Commissioner-I under Section 7(A) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 2. Learned counsel for the petitioner submits that he has already filed an appeal before CGIT and the same is pending for consideration. That since there is no regular sitting before the Tribunal, the petitioner is constrained to approach this Court. - 3 - NC: 2024:KHC:39254 WP No.25898 of 2024 Learned counsel for the petitioner seeks disposal of this petition granting interim protection till disposal of the application before the Tribunal. 3. Learned counsel for the respondent does not object for the same. 4. Submission is taken on record. 5. The respondent No.2-Regional Provident Fund Commissioner-I shall not precipitate the matter pursuant to Order dated 06.03.2024 as per Annexure-B till disposal of the application by the CGIT subject to the petitioner depositing 50% of the amount demanded within a period of four weeks from the date of receipt of the certified copy of this order. With the above observation, petition is disposed of. Sri.Pradeep M., learned counsel is permitted to file vakalath on behalf of respondent No.2 within one week. Sd/- (M.G.S. KAMAL) JUDGE ABK List No.: 1 Sl No.: 14 "