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2025 DAILYLAW 62787 (KAR)

STATE BANK OF INDIA v. REGIONAL P.F. COMMISSIONER -II

WP/12363/2023 · 2025-11-05

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15095 WP No. 12363 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.12363 OF 2023 BETWEEN: STATE BANK OF INDIA, LOCAL HEAD OFFICE, NO. 65, ST. MARK’S ROAD, BENGALURU-560 001, REP. BY ASST. GENERAL MANAGER (HR), MR. ANAND V. GANGUR. … PETITIONER (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. REGIONAL P.F. COMMISSIONER-II, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, 3RD FLOOR, SLV TOWERS, PARVATHI NAGAR, BALLARI-583 103. 2. SHIVANANDA PENAGONDA, SHANTAGIRI, 2ND CROSS, SHRI. RAGHAVENDRA COLONY, VIDYANAGAR, HUBBALLI-580 001. … RESPONDENTS (BY SRI. P.V. GUNJAL, ADVOCATE FOR R1; SRI. GOPAL B. PATIL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO PASSING OF THE ORDER KN/PF/RO/BLR/ENF/1857457/2189/2022-23 DATED 30.03.2023 IN DAIRY NO.31/2022 PASSED BY THE RESPONDENT NO.1, REGIONAL P.F. COMMISSIONER-II EMPLOYEE’S PROVIDENT FUND ORGANIZATION ANNEXURE-A AND ISSUE A DIRECTION TO RESPONDENT NO.1 TO WITHDRAW THE ORDER KN/PF/RO/BLR/ENF/1857457/2189/2022-23 DATED 30.03.2023 IN DAIRY NO.31/2022 (ANNEXURE-A) AND TO ISSUE A REVISED ORDER Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15095 WP No. 12363 of 2023 HAVING REGARD TO THE FACTS AND CIRCUMSTANCES STATED ABOVE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This writ petition was entertained in a situation where the Appellate Tribunal under the Payment of Gratuity Act, 1972 was not functioning. Now, it is submitted that the Appellate Tribunal is functioning. 2. Under these circumstances, the petitioner has to approach the Appellate Tribunal. The time spent in prosecuting this petition from 12.06.2023, till date, has to be excluded including the limitation, if any. 3. It is submitted that there is some mathematical error in calculating the amount due to the petitioner in the interim order passed by this Court. Hence, an application is also filed to correct the typographical error. Since the matter is remitted to the Appellate Tribunal, the Appellate Tribunal shall also consider - 3 - HC-KAR NC: 2025:KHC-D:15095 WP No. 12363 of 2023 the application for correction of the typographical error. The figure expressed in the interim order is not final and conclusive. The Appellate Tribunal shall consider all contentions in accordance with law. 4. Registry is directed to return the impugned order to the petitioner after retaining the xerox copy. 5. The respondent shall not precipitate the matter till the appeal is filed before the Appellate Tribunal. 6. The writ petition stands disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 45