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2025 DAILYLAW 12555 (KAR)

MR ASIFULLA v. THE ASSISTANT PROVIDENT FUND COMMISSIONER

WP/2115/2019 · 2025-02-17

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:6944 WP No. 2115 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 2115 OF 2019 (L-PF) BETWEEN: MR. ASIFULLA, PROPRIETOR, AGED ABOUT 45 YEARS, M/S ASIFULLA NON CLINICAL CONTRACTOR, T B CIRCLE, SHIMOGA MAIN ROAD, HONNALI TOWN, DAVANAGERE - 577 217 …PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION, SHREE KARTHIK PLAZA, 2ND FLOOR DURGAGUDI MAIN ROAD, SHIVAMOGGA - 577 201. 2. UNION OF INDIA, MINSITRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA, BHAVISHYANIDHI BHAVAN, NO.14, BHIKAIJI CAMA PLACE, NEW DELHI - 110 066. …RESPONDENTS (BY SRI. M. PRADEEP, CGC FOR R1 SRI. L. HARISH KUMAR, CGC FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6944 WP No. 2115 of 2019 APPOINT THE PRESIDING OFFICER TO CGIT BANGALORE AND DIRECT THE TRIBUNAL TO DISPOSE OFF THE APPEAL DATED 08.01.2019 FILED BY THE PETITIOENR IN ACCORDANCE WITH LAW AS PER ANNX-F. THIS PETITION, COMING ON FOR PRILIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents. 2. This petition is filed seeking a writ of mandamus to direct the second respondent to appoint the Presiding Officer, the Central Government Industrial Tribunal (hereinafter referred to as 'CGIT' for short), Bengaluru and dispose of the pending appeal filed by the petitioner. 3. Learned Counsel for the respondents would submit that the Presiding Officer is already appointed and CGIT at Bengaluru is functioning. 4. Under these circumstances, the appropriate direction is to be issued directing the Appellate Authority/ - 3 - NC: 2025:KHC:6944 WP No. 2115 of 2019 CGIT at Bengaluru to consider the petitioner's pending appeal in accordance with law. It is made clear that nothing is expressed on the merits of the matter. It is also noticed that the petitioner has the benefit of interim order from 2019 till today. 5. Hence the following: ORDER i) Writ Petition is disposed of. ii) The said benefit of interim order will continue for the next four weeks. iii) The Appellate Authority shall consider the interim application as well as appeal filed by the petitioner, who is the appellant before it, in accordance with law. Sd/- (ANANT RAMANATH HEGDE) JUDGE BKN/List No.: 1 Sl No.: 67