IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS WRIT APPEAL No.2903/2018 (L-PF) Between:
The Regional Provident Fund Commissioner-II Sub-Regional Office Sree Karthik Plaza 2nd Floor Durgigudi Main Road Shivamogga 577 201.
…Appellant (By Sri Pundikai Ishwara Bhat Adv.,) And :
1. Retired Police Officer’s Security Bureau Meenakshi Bhavan Building B.H.Road, Shivamogga 577201 Rep by its Managing Partner 2. Director of Food and Civil Supplies, D.C. Office Compound Bhadravathi Shivamogga 577 201 ...Respondents (By Sri Anand for Sri S.P. Ramesha Adv. for C/R-1) This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order dated 20/08/2018 passed by the Hon’ble learned Single Judge in Writ Petition No.35367/2018 This Writ Appeal coming on for Preliminary Hearing this day, Devdas J., delivered the following:
JUDGMENT The Regional Provident Fund Commissioner is before this Court calling in question the impugned order dated 20.08.2018 passed by the learned Single Judge in W.P.No.35367/2018.
2. The learned counsel for the appellant submits that the learned Single Judge, disposed of the writ petition granting liberty to the respondent herein to secure appropriate orders at the hands of the Central Government Industrial Tribunal (for short ‘Tribunal’), Bengaluru, since the appeal was already filed by the respondent before the Tribunal. Having regard to the facts and circumstances, the learned Single Judge directed the appellant herein to refund a sum of Rs.1,42,522/- to the respondent herein, subject to orders to be passed in the appeal that was filed before the Tribunal.
3. Learned counsel further submits that inspite of the direction given by the learned Single Judge, the respondent herein has not pursued the Tribunal to pass orders on the interim prayer that was made by the respondent herein before the Tribunal.
4. Per contra, learned counsel for the respondent submits that the appellant initiated action even before the appeal period was exhausted. Therefore he relies on the decision of the learned Single Judge in the case of M/s G4S Secure Solutions Vs. The Regional Provident Fund Commissioner-1 and Another in W.P.No.1082/2018.
5. We have heard the learned counsel for the parties and perused the appeal papers.
6. We find that inspite of opportunities given to the respondent to approach the Tribunal and to seek interim relief in terms of the appeal filed before the Tribunal and enable the respondent to secure interim order, the respondent has failed to move the Tribunal and secure any interim orders.
7. The order was passed by the learned Single Judge on 20.08.2018. The learned counsel for the respondent is unable to place any materials to demonstrate that the Tribunal was moved and the interim relief was considered by the Tribunal.
8. Therefore, in the light of the above circumstances, we deem it appropriate to modify the order of the learned Single Judge and hold that the refund of Rs.1,42,522/- which was directed by the learned Single Judge shall and be hereby recalled and further direct that the same remain in the hands of the appellant herein till the respondent secures any interim order or relief at the hands of the Central Government Industrial Tribunal.
With this above observation, appeal is disposed of.
SD/- JUDGE SD/- JUDGE HR