IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.5201 /2019 (L-PF) BETWEEN SRI. MALLIKARJUN REVANNASIDDAYYA KUDALMATH AGED ABOUT 63 YEARS S/O ALTE RAVANNASIDDAYYA RESIDING AT NO.101 VISWESWARANAGAR HUBLI DAHARWAD DISTRICT-580001.
(BY SRI. K S BHEEMAIAH, ADVOCATE) ... PETITIONER AND 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER SUB-REGIONAL OFFICE, HUBLI DHARWAD DISTRICT-580001.
2. THE ENFORCEMENT OFFICER ATTACHED THE EMPLOYEES PROVIDENT FUND ORGANISATION SUB-REGIONAL OFFICE 4TH FLOOR, SHRINATH COMPLEX NEW COTTON MARKET HUBLI, DHARWARD DISTRICT KUSUGAL ROAD, HUBLI DHARAWAD DISTRICT-580023.
... RESPONDENTS (BY SMT. SHWETA ANAND, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 10.01.2018 ISSUED BY THE R-1 WITH A DIRECTION TO THE DEPUTY COMISSIONER OF DHARWARD DISTRICT AND THE ENFORCEMENT OFFICER OF THE R-1 TO AUCTION THE PETITIONER PROPERTY WHICH IS AT ANNEXURE- K AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Smt. Swetha Anand, learned counsel undertakes to file Vakalath for the respondents.
2. Learned counsel for the petitioner submits that the petitioner has already approached the Employees’ Provident Fund Appellate Tribunal, New Delhi, in Appeal No. ATA 103/2014, questioning the impugned order dated 20.01.2009, passed by the Assistant Provident Fund Commissioner, Sub-Regional Office, Navanagar Hubli. However, it is submitted that the matter is now transferred to Central Government Industrial Tribunal-cum-Labour Court, Bengaluru (hereinafter referred to as ‘the Tribunal’). In that view of the matter, learned counsel for the petitioner prays that the writ petition may be disposed of granting some time to the petitioner to secure orders on Interlocutory Application for stay from the Tribunal, before whom the petitioner has preferred an appeal.
3. Learned counsel for the respondents submits that inspite of the petitioner having filed the Appeal in the year 2014, the petitioner has not secured any interim order at the hands of the Tribunal. In this regard, learned counsel for the petitioner submits that though the Appeal was filed in the year 2014, the matter was not taken up, because there was no sittings.
4. In the facts and circumstances of the case, this Court deems it fit to dispose of the matter granting four weeks time to the petitioner to secure an order on Interlocutory Application regarding stay of the impugned order at the hands of the Tribunal. Learned counsel for the respondent submits that the respondents would not precipitate the matter for the period of four weeks, however, if the respondents have not yet taken any action. Therefore, the petitioner is at liberty to move the Tribunal to secure an order on Interlocutory Application regarding stay within a period of four weeks. The respondents shall be at liberty to proceed immediately after expiry of four weeks from today.
With these observations, the writ petition is disposed of.
Smt. Swetha Anand, learned counsel is permitted to file Vakalath on behalf of the respondents, within a period of four weeks from today.
SD/- JUDGE DL