PRISM ENTERPRISES V. THE PROVIDENT FUND COMMISSIONER

WP/105606/2023

AI Insights

The case involves Prism Enterprises, a partnership firm, which filed a writ petition against the order of the Central Government Industrial Tribunal cum Labour Court, Bengaluru. The petitioner sought to quash the Labour Court's order dated 13.01.2021, which dismissed their appeal as barred by limitation under Rule 7(2) of the Employees' Provident Fund Appellate Tribunal (Procedure) Rules, 1997. The original dispute stemmed from an order dated 31.08.2015 by the Assistant Provident Fund Commissioner, which the petitioner appealed against. The Labour Court's dismissal was contested on the grounds that the petitioner and his counsel were unable to attend the hearing due to bona fide reasons.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 738117 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 04-10-2023
• Assessment Year: misc
• Laws Referred To: Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Employees' Provident Fund Appellate Tribunal (Procedure) Rules, 1997
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P V GUNJAL
• Assessee Lawyers: C S SHETTAR
• Keywords: Employees Provident Fund; Limitation; Quashing order; Writ of Certiorari
• Section: 7A

Judgement Text

" - 1 - NC: 2023:KHC-D:11701-DB WP No. 105606 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF OCTOBER, 2023 PRESENT THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 105606 OF 2023 (L-PF) BETWEEN: PRISM ENTERPRISES A PARTNERSHIP CONCERN, HAVING ITS OFFICE AT: B-9, 1/2, BMC INDUSTRIAL ESTATE UDYAMBAG, BELAGAVI-590008, REPRESENTED BY ITS PARTNER- SHRI SACHIN VASUDEV HANJI. …PETITIONER (BY SRI. C.S SHETTAR, ADVOCATE) AND: 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEE'S PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, BLOCK NO.89, NEW BLOCK NO.10, BEHIND INCOME TAX OFFICE, NAVANGAR HUBBALLI-580029, DIST: DHARWAD. 2. THE ENFORCEMENT OFFICER EMPLOYEES' PROVIDENT FUND ORGANISATION, DISTRICT OFFICE NO. 292/A, NEW GOODSHED ROAD, OPP. SWAROOP THEATRE, BELAGAVI-590001. 3. PRISM ENTERPRISES UNIT II A PARTNERSHIP CONCERN, HAVING ITS OFFICE AT PLOT NO. 16, SY. NO. 703/1, BMC INDUSTRIAL ESTATE, UDYAMBAG, BELAGAVI-590001. …RESPONDENTS (BY SRI. P.V.GUNJAL, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF JAGADISH T R HIGH COURT OF KARNATAKA DHARWAD BENCH 2023.10.10 11:14:14 +0530 - 2 - NC: 2023:KHC-D:11701-DB WP No. 105606 of 2023 CERTIORARI QUASHING THE ORDER DATED. 13.01.2021 MARKED ANNEXURE-A PASSED BY CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AND LABOUR COURT, BENGALURU IN CASE BEARING NO. EPF-ITB-11/19 AND REMAND THE MATTER FOR FRESH HEARING TO THE TRIBUNAL OR IN ALTERNATIVE; HEAR THE MATTER ON MERITS AND ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 31.08.2015 PASSED BY RESPONDENT NO.1 IN KN/GLB/HBL/ENF/C- 64/50503/2013/2564 VIDE ANNEXURE-B. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, KRISHNA KUMAR J., PASSED THE FOLLOWING: ORDER This petition is directed against the impugned order dated 13.01.2021 passed in EPF-ITB-11/2019 by the Central Government Industrial Tribunal cum Labour Court, Bengaluru (for short, ‘Labour Court’), whereby the said appeal filed by the petitioner under Rule 7(2) of the Employees’ Provident Fund Appellate Tribunal (Procedure) Rules, 1997 (for short, ‘EPFAT Rules’) was dismissed by the Labour Court. 2. Heard the learned counsel for the petitioner and learned counsel for respondents No.1 and 2 and perused the material on record. 3. The material on record discloses that aggrieved by the order dated 31.08.2015 passed by the Assistant Provident Fund Commissioner, Sub-Regional Office, Hubballi - 3 - NC: 2023:KHC-D:11701-DB WP No. 105606 of 2023 under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, the petitioner preferred an appeal before the Labour Court on 17.11.2019. It is contended that when the matter was listed before the Labour Court on 13.01.2021, neither the petitioner nor his counsel could be present before the Labour Court and make submissions and their inability and omission was due to bonafide reasons, unavoidable circumstances and sufficient cause. It is the grievance of the petitioner that despite inability and omission on the part of the petitioner to remain absent before the Labour Court on 13.1.2021 for the reasons stated supra, the Labour Court proceeded to pass the impugned order dismissing the appeal as barred by limitation under Rule 7(2) of the EPFAT Rules, aggrieved by which, the petitioner is before this Court by way of present writ petition. 4. A perusal of the material on record including the impugned order will indicate that though several contentions have been urged by both sides on merits as well as on the question/issue of limitation, without expressing any opinion on the merits/demerits of rival contentions and in the light of - 4 - NC: 2023:KHC-D:11701-DB WP No. 105606 of 2023 specific assertion on the part of the petitioner that neither himself nor his counsel were able to be present before the Labour Court, when the matter was called out on 13.01.2021, we deem it just and appropriate to provide one more opportunity in favour of the petitioner to make his submission and argue the appeal before the Labour Court by setting aside the impugned order and remitting the matter back to the Labour Court for reconsideration afresh in accordance with law. 5. In the result, we proceed to pass the following: ORDER a) Writ Petition stands allowed. b) The impugned order dated 13.01.2021 passed in EPF-ITB-11/2019 by the Labour Court is hereby set-aside. c) The matter is remitted back to the Labour Court for reconsideration afresh in accordance with law. d) The petitioner undertakes to appear before the Labour Court on 06.11.2023 without awaiting further notice from the Labour Court. e) All rival contentions on all aspects of the matter including the question/issue of limitation are - 5 - NC: 2023:KHC-D:11701-DB WP No. 105606 of 2023 kept open and no opinion is expressed on the same. Pending applications, do not survive for consideration and accordingly, they are disposed off. Sd JUDGE Sd JUDGE JTR List No.: 1 Sl No.: 24 "