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2025 DAILYLAW 61386 (KAR)

KARNATAKA VIKASA GRAMEENA BANK v. THE ASST. PROVIDENT FUND COMMISSIONER

WP/68854/2010 · 2025-10-16

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14063 WP No. 68854 of 2010 C/W WP No. 68818 of 2010 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 68854 OF 2010 (L-PF) C/W WRIT PETITION NO. 68818 OF 2010 (L-PF) IN W.P. NO.68854 OF 2010: BETWEEN: KARNATAKA VIKASA GRAMEENA BANK, BANK CONSTITUTED UNDER THE REGIONAL RURAL BANKS ACT, 1976, HAVING ITS HEAD OFFICE AT P.B. ROAD, 1111 BELGAUM ROAD, DHARWAD-580 008, REP. BY ITS CHAIRMAN, SRI. K.P. MURALIDHARAN, AGE: 57 YEARS, BEFORE AMALGAMATION KNOWN AS MALAPRABHA GRAMEENA BANK, A REGIONAL RURAL BANK, CONSTITUTED UNDER THE REGIONAL RURAL BANKS ACT, 1976, HAVING ITS HEAD OFFICE AT BELGAUM ROAD, DHARWAD, R/BY ITS CHAIRMAN. … PETITIONER (BY SRI. G.V. BHAT, ADVOCATE) AND: THE ASST. PROVIDENT FUND COMMISSIONER, SUB-REGIONAL OFFICER, SRINATH COMPLEX, IV FLOOR, NEW COTTON MARKET, HUBLI-580 029, KARNATAKA. … RESPONDENT (BY SRI. P.V. GUNJAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED:01/10/2010 IN ATA NO.253(6).2002 PASSED BY THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI, PRODUCED AS PER ANNEXURE-A AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14063 WP No. 68854 of 2010 C/W WP No. 68818 of 2010 THE ORDER DATED: 24/04/2002 IN NO.KN/PF/SRO/HBL/ENF/347/2002 PASSED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER/RESPONDENT, PRODUCED AS PER ANNEXURE-B. IN W.P. NO. 68818 OF 2010: BETWEEN: KARNATAKA VIKAS GRAMEENA BANK, BANK CONSTITUTED UNDER THE REGIONAL RURAL BANKS ACT, 1976, HAVING ITS HEAD OFFICE AT P.B. ROAD, DHARWAD-580 008, REP. BY ITS CHAIRMAN, SRI. K.P. MURALIDHARAN, AGE: 57 YEARS, BEFORE AMALGAMATION KNOWN AS BIJAPUR GRAMEENA BANK, A REGIONAL RURAL BANK, CONSTITUTED UNDER THE REGIONAL RURAL BANKS ACT, 1976, R/BY ITS CHAIRMAN. … PETITIONER (BY SRI. G.V. BHAT, ADVOCATE) AND: THE ASST. PROVIDENT FUND COMMISSIONER, I FLOOR, MADINA COMPLEX, MAIN ROAD, GULBARGA-585 105. … RESPONDENT (BY SRI. P.V. GUNJAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED:01/10/2010 IN ATA NO.433(6).2003 PASSED BY THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI, PRODUCED AS PER ANNEXURE-A AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED: 21/04/2003 IN ENQUIRY UNDER SECTION7 IN NO.KN 10657 PASSED BY THE RESPONDENT, PRODUCED AS PER ANNEXURE-B. THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:14063 WP No. 68854 of 2010 C/W WP No. 68818 of 2010 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Since both the counsel jointly submit that the issue raised in the present petitions is covered in terms of the order passed in W.P.No.60798/2011, the following order is passed. ORDER (i) Writ Petitions are allowed in part. (ii) The orders dated 01.10.2010 marked at Annexure-A and dated 24.04.2002 at Annexure-B are set aside. (iii) The matter is remitted to the respondent to consider the case afresh in accordance with law. (iv) The respondent shall issue notice to the pygmy collectors/agents who are employed by the Malaprabha Gramina Bank and Bijapur Gramina Bank, before they merge with petitioner-bank. - 4 - HC-KAR NC: 2025:KHC-D:14063 WP No. 68854 of 2010 C/W WP No. 68818 of 2010 (v) It is made clear that nothing is expressed on the merits of the matter. (vi) All contentions are kept open. (vii) Considering the fact that the dispute is pending since 2005, the parties shall cooperate for early disposal of the case. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 84