M/S HINDUSTAN CONSTRUCTIONS v. REGIONAL PROVIDENT FUND COMMISSIONER-I
WP/12100/2024 · 2025-01-15
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23478 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23478 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1345 WP No. 12100 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 12100 OF 2024 (L-PF) BETWEEN:
M/S. HINDUSTAN CONSTRUCTIONS, 2-36/8, RAJ MAHAL, BEHIND KANKANADY RAILWAY STATION, PADIL, MANGALURU - 575 007, REPRESENTED BY ITS PARTNER VARUN RAJ, AGED ABOUT 51 YEARS. …PETITIONER (BY SRI. NATARAJA BALLAL A, ADVOCATE) AND:
REGIONAL PROVIDENT FUND COMMISSIONER-I REGIONAL OFFICE, BHAVISHYA NIDHI BHAWAN, P.B. NO. 572, HIGHLANDS, SILVA ROAD, MANGALURU - 575 002. …RESPONDENT (BY SRI. M.R. SHALAMALA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 28.03.2024 PASSED BY THE RESPONDENT BEARING NO. KN/MN/RO/1799015/ENF-II/DAMAGES/423/ 2023-24 AND KN/MN/RO/1799015/ENF-II/DAMAGES/ 424/ 2023-24 (ANNEXURE-A AND B) AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1345 WP No. 12100 of 2024
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER
This petition is filed challenging the order marked at Annexures-A & B passed by the respondent. It is noticed from the facts enumerated in the petition that the present petition is filed by the immediate employer against the award passed by the respondent invoking Section 14 of the Employees Provident Fund Act, 1952.
2. The petitioner before this Court contends that the liability is on the principal employer and he being the immediate employer and no obligation to pay the damages. Since the Appellate Court did not grant the interim order, the present petition is filed. The interim order is granted by this Court on the petitioner depositing the amount before this Court and the amount is deposited on 25.04.2024.
3. Respondent No.1 has addressed a letter dated 06.09.2024, wherein it is stated that the principal employer has deposited Rs.3,41,939/- admitting the liability and leave is sought to disburse the said amount.
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NC: 2025:KHC:1345 WP No. 12100 of 2024
4.
Learned counsel for the respondent does not dispute the fact that a letter is issued on 06.09.2024.
5. In case the principal employer has deposited the amount in respect of the claim made by the employee, the said amount shall be released in favour of the employee. Since it is stated that the claim of the employee would be discharged on receipt of the said amount, nothing survives in this petition. Accordingly, the petition is disposed of.
6. In view of the fact that the principal employer has deposited the amount, the appeal before the Appellate Court does not survive for consideration. Accordingly, the same may be disposed of taking note of the amount deposited by the Principal Employer.
7. The amount deposited by the petitioner pursuant to the interim order granted by this Court shall be released in favour of the petitioner after due identification. Sd/- (ANANT RAMANATH HEGDE) JUDGE KA CT: BHK