- 1 - NC: 2025:KHC:12313 WP No. 23014 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23014 OF 2022 (L-PF) BETWEEN: MR. B. S. RAJASHEKHAR S/O. SANNABASAPPA, AGED ABOUT 69 YEARS, PROPRIETOR, M/S. GEMINI SECURITY AND ALLIED SERVICES, NO. 648, 5TH CROSS, LENIN NAGAR, NITTUVALLI NEW EXTENSION, DAVANAGERE-577 004 PETITIONER (BY SRI. RAJESHA SHETTIGARA., ADVOCATE) AND: 1. THE REGIONAL PROVIDENT FUND COMMISSIONER - II EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BENGALURU (KORAMANGALA) ANNAPOORNESHWARI COMPLEX, SURVEY NO. 37/1, 6TH MAIN, SINGASANDRA, HOSURU MAIN ROAD, BENGALURU-560 068. 2. UNION OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:12313 WP No. 23014 of 2022 GOVERNMENT OF INDIA, BHAVISHYANIDHI BHAVAN, NO.14, BHIKAIJI CAMA PLACE, NEW DELHI-110 066, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SMT. B V VIDYULATHA, ADVOCATE FOR R1; SMT. PRIYANKA S BHAT, CGC FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO APPOINT THE PRESIDING OFFICER TO CGIT BANGALORE AND DIRECT THE TRIBUNAL TO DISPOSE OFF THE APPEAL DTD 16.11.2022 FILED BY THE PETITIONER AS PER ANNEXURE-Q IN ACCORDANCE WITH LAW; DIRECT THE R1 NOT TO INITIATE ANY COERCIVE ACTION AGAINST THE PETITIONER FOR RECOVERY OF AMOUNT AS PER ORDER DTD 4.11.2022 BEARING NO.KN/PF/RO(KOR)/P.D/1405788/2022- 23/364 PASSED U/S 14B ACT VIDE ANNEXURE-N PASSED BY THE R1 UNTIL APPEAL TAKEN UP BY THE TRIBUNAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is filed calling in question the first respondent's order dated 16.11.2022 against the order levying damages. It remains undisputed that the petitioner's remedy as against the order levying damages is an appeal with the Central Government Industrial Tribunal-cum-Labour Court [for short, 'the - 3 - NC: 2025:KHC:12313 WP No. 23014 of 2022 Tribunal'] which was not functioning as of the date of the petition for want of the Presiding Officer, and that presently, the Tribunal is functioning and the petitioner has also filed an appeal. Hence, the petition stands disposed of with liberty to the petitioner to prosecute his appeal with the Tribunal subject to all just exceptions in law. SD/- (B M SHYAM PRASAD) JUDGE RB