IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24607 OF 2019 (GM-RES) BETWEEN:
DEPUTY GENERAL MANAGER, KARNATAKA STATE FINANCIAL CORPORATION, MANGALORE BRANCH, R/O NO 330/50, 3RD FLOOR, SOMAYAJI HOUSE, BUNTS HOSTEL ROAD, MANGALURU – 575 003.
(BY SRI.MALIPATIL.P.S, ADVOCATE) AND:
... PETITIONER ASST PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, SILVA ROAD, HIGHLANDS, MANGALURU – 575 002.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE DATED 21.03.2019 ISSUED BY RESPONDENT VIDE ANNX-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri P.S. Mali Patil, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. The petition is admitted for hearing and the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the notice dated 21.03.2019 issued by respondent under the Employees’ Provident Funds Act, 1952 by which petitioner has been asked to pay a sum of Rs.86,789/-.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is not a employer and therefore, he is not liable to pay the amount and he may be granted liberty to file objection to the show cause notice dated 21.03.2019 and the Assistant Provident Fund Commissioner and Recovery Officer shall be directed to consider the objection which may be filed, before proceeding further in the matter.
5. In view of the aforesaid submission and in the facts of the case, petition is disposed of with a direction that in case petitioner files objection to the notice dated 21.03.2019 within a period of two weeks from the date of receipt of a certified copy of the order passed today, the competent authority shall afford an opportunity of hearing to the petitioner and shall decide the same by a speaking order within a period of three weeks from the date of receipt of such an objection. Till the matter is adjudicated by the Assistant Provident Fund Commissioner and Recovery Officer, no coercive action shall be taken against the petitioner.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, writ petition is disposed of.
Sd/- JUDGE dn/-