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2025 DAILYLAW 57121 (KAR)

BHARAT EARTH MOVERS LIMITED v. THE REGIONAL PROVIDENT FUND COMMISSIONER-I

WP/11289/2022 · 2025-12-02

Jyoti M

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50142 WP No. 11289 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 11289 OF 2022 (L-PF) BETWEEN: BHARAT EARTH MOVERS LIMITED, (NOW BEML LIMITED), CENTRAL PUBLIC SECTOR ENTERPRISES, HAVING ITS CORPORATE OFFICE AT NO.23/1, BEML SOUDHA, 4TH MAIN ROAD, SAMPANGIRAMA NAGAR, BENGALURU-560027, REPRESENTED BY ITS SECRETARY, BEML PROVIDENT FUND TRUST, MR. SOMNATH GHOSH. …PETITIONER (BY SRI. NARASIMHA SWAMY N.S., ADVOCATE) AND: THE REGIONAL PROVIDENT FUND COMMISSIONER-I PENAL DAMAGES, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, NO.13, RAJA RAM MOHAN ROY ROAD, BENGALURU-560025. …RESPONDENT (BY SRI. SARAVANA P., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50142 WP No. 11289 of 2022 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.N.S.Narasimhaswamy, counsel for the petitioner appeared through video conferencing. Sri.Saravana P., counsel for the respondent appeared in person. 2. The writ petition is filed seeking certiorari to quash the notice at Annexure-E dated 20.04.2022. 3. The counsel for the petitioner and respondent urged several contentions. 4. Heard the arguments and perused the writ papers with utmost care. 5. Suffice it to note that an order under Section 14B of the ESI Act, 1952 (for short 'the Act') was passed on 16.03.2022 and the order under Section 7Q of the Act was also passed on 16.03.2022. - 3 - HC-KAR NC: 2025:KHC:50142 WP No. 11289 of 2022 6. Sri.Saravana P., counsel for the respondent on instruction submits that as against 14B and 7Q order, the petitioner has already filed an statutory appeal in No.35/2022 and 36/2022 respectively. Counsel therefore, submits that the writ petition may be dismissed. 7. As the petitioner has already availed the statutory remedy of filing an appeal, nothing survives for consideration. Hence, I decline to exercise power under writ jurisdiction. 8. Accordingly, writ petition is dismissed. The interim order granted by this Court shall continue to operate till the disposal of the appeal. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 43