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2025 DAILYLAW 56451 (KAR)

THE EMPLOYEES PROVIDENT v. MR NAGARAJA SHARMA

WA/3407/2012 · 2025-07-15

S G Pandit, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26413-DB WA No. 3407 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 3407 OF 2012 (S-R) BETWEEN: 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION HUDCO VISHALA NO.14, BIKHAJICAMA PLACE NEW DELHI-110 066 REPRESENTED BY CENTRAL P.F. COMMISSIONER. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYANIDHI BHAVAN, 13 RAJA RAM MOHAN ROY ROAD, BANGALORE-560 025. 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER [PENSION] EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYANIDHI BHAVAN, NO.13, RAJA RAM MOHAN ROY ROAD, BANGALORE-560 025. …APPELLANTS (BY SMT. NANDITA D. HALDIPUR., ADVOCATE) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26413-DB WA No. 3407 of 2012 AND: 1. MR. NAGARAJA SHARMA AGED ABOUT 70 YEARS S/O LATE R VENKATARAMAIAH R/AT NO.169, 2ND MAIN ROAD, AGS LAYOUT, NEW BEL ROAD, BANGALORE-560 094 PRESENT ADDRESS: R/AT NO.304, I STAGE, 6TH MAIN, KHB COLONY, BANGALORE-560079. 2. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF LABOUR SHRAMA SHAKTI BHAVAN, NEW DELHI-110001. …RESPONDENTS (BY SRI. M. NARAYANA BHAT, ADV. FOR R1.) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.7220/2005(S-R) DATED 11/04/2012. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2025:KHC:26413-DB WA No. 3407 of 2012 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The appellants/Employees Provident Fund Organisation has filed memo dated 10.07.2025 for withdraw of this appeal which reads as under: "The appellant above named submit that they have revised the pension of respondent No.1 on 09.01.2024 and paid the arrears of Rs.48,851/-. Thereafter, now the further financial liability is only Rs.7,435/- as per the representation of the respondent No.1. In the peculiar circumstances of this case, the appellant will pay the amount of Rs.7,435/- to respondent No.1. The appellant submits that without this case being taken as a precedent in similar cases, the appellant prays for withdrawal of the Writ Appeal in the interest of justice and equity." 2. In terms of memo, we permit the appellants to withdraw the Writ Appeal. Further, in terms of representation made by respondents as per order of this Court dated 11.04.2012 passed in WP Nos.22355/2005 and 12435/2007, the appellants shall make payment to the respondent to which the respondent would be entitled - 4 - HC-KAR NC: 2025:KHC:26413-DB WA No. 3407 of 2012 to. Accordingly, the Writ Appeal is dismissed as withdrawn. 3. In view of dismissal of main appeal, pending interlocutory applications stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE SSD List No.: 1 Sl No.: 1