IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.1773 OF 2018 (L-PF) BETWEEN:
M/S. SENAPATHY WHITELY PVT. LTD., CASA FINA, 5, ‘PROMROSE ROAD, BENGALURU-560 025.
REPRESENTED BY ITS CHIEF OPERATING OFFICER, R.RAMAKRISHNAN.
(BY SRI. B. C. PRABHAKAR, ADVOCATE) AND:
...PETITIONER THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES’ PROVIDENT FUND ORGANIZATION, BOMMASANDRA-I, “ANNAPOORNESHWARI COMPLEX”, SURVEY NO.37/1, 6TH MAIN, SINGASANDRA, HOSUR MAIN ROAD, BENGALURU-560068.
…RESPONDENT (BY SMT. NANDITA HALDIPUR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STAY THE OPERATION OF THE FOLLOWING ORDERS PENDING DISPOSAL OF THE WRIT PETITION OR TILL THE DISPOSAL OF APPLICATION FILED ALONG WITH THE APPEAL IN APPEAL NO.33/2017 BEFORE THE HON’BLE CGIT/EPFAT FOR CONSIDERATION OF INTERIM STAY AND THEREAFTER THE ORDER IS PASSED AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioner is before this Court seeking that the operation of the order dated 26.10.2017, passed by the Regional Provident Fund Commissioner, Employees’ Provident Fund Organization, Bommasandra-I, Bengaluru and the further proceedings in Appeal No.33/2017 on the file of Central Government Industrial Tribunal cum Labour Court/ Employees’ Provident Fund Appellate Tribunal, Bengaluru be stayed till the application filed by the petitioner herein in the appeal for interim prayer is considered and disposed of by the Appellate Authority.
2. The petitioner claiming to be aggrieved by the order dated 26.10.2017 has preferred an appeal as provided under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (‘EPF & MP Act’ for short) before the Appellate Court. However, since the matters are not being taken up regularly by the Appellate Authority, the application filed along with the appeal seeking interim order was not taken up for consideration. It is in that light the petitioner is before this Court seeking that the protection be extended to the petitioner till the application filed in the appeal is taken up for consideration.
3. In fact in similar set of circumstances this Court in W.P.No.10679/2018 dated 20.06.2018 has granted similar benefit to the petitioner therein. In that view, without expressing any opinion on the merits of the case the benefit of the interim order granted by this Court shall enure to the benefit of the petitioner till the application filed in the appeal filed before the Appellate Authority is taken up and orders are passed one way or the other in accordance with law.
4. The learned counsels on both the sides admit that the Appellate Tribunal is now functioning. Therefore, the Tribunal is requested to consider the Interlocutory Application and pass orders within four weeks from the date of receipt of a certified copy of this order.
The petition is accordingly disposed of. Since the main petition is disposed of I.A.No.1/2018 does not survive for consideration.
Sd/- JUDGE RB/DL