- 1 - HC-KAR NC: 2026:KHC:26438-DB WP No. 13386 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 13386 OF 2021 (L-PF) BETWEEN: THE REGIONAL PROVIDENT FUND COMMISSIONER I, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, RAJA RAJESHWARI NAGAR, NO.570, 26TH CROSS, IDEAL HOME COOP SOCIETY LAYOUT, RAJA RAJESHWARI NAGAR, BENGALURU - 560 098. …PETITIONER (BY MS. NANDITA D HALDIPUR., ADVOCATE) AND: M/S. UNIGLASS INDUSTRIES PVT. LTD., SY NO.125/1B, 111/1C, 129/1C, NEAR KSRTC DEPOT, KENGERI, BENGALURU - 560 060. BY ITS MANAGING DIRECTOR. …RESPONDENT (BY SRI.N.VENKATESH, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26438-DB WP No. 13386 of 2021 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN CASE FROM THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT; QUASH THE ORDER DATED 26.11.2019 PASSED IN CASE PASSED BY THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT ANNEXURE - D. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The Employees Provident Fund Organization is before us in this writ petition impugning the order dated 26.11.2019 passed by the Central Government Industrial Tribunal Cum Labour Court in EPF No.70/2017 instituted by the respondent - Establishment against the order passed by the EPF -Petitioner under Section 14-B of the Employees Provident Fund and Miscellaneous provisions Act, 1952 (herein after referred to as the "EPF Act"). 2. The Commissioner vide order dated 12.08.2015 levied damages against the respondent-Establishment on - 3 - HC-KAR NC: 2026:KHC:26438-DB WP No. 13386 of 2021 delayed payment of contribution in respect of one of their employees. 3. One employee, Sri. H N Basavaraju had resigned from services of the respondent - establishment on 10.11.1995. Subsequently, he challenged his resignation by filing claim petition before the Additional Industrial Tribunal, Bengaluru, contending that his resignation was forcibly obtained on 16.11.1995 by the respondent - Establishment. 4. On contest, the Labour Court allowed the claim petition of the said employee, directed the Management of the respondent-establishment to reinstate the workman with 50% backwages by deducting an amount of Rs.30,327./- which he has received from the Management. 5. This 50% of the amount as directed by the Labour Court was paid to Sri. H N Basavaraju and on the said amount, PF amount of Rs.11,532/- was also - 4 - HC-KAR NC: 2026:KHC:26438-DB WP No. 13386 of 2021 deposited in the PF account of Mr. Basavaraju on 29.09.2003. 6. Considering the aforesaid fact that there was no delay in making contribution on 50% back wages as awarded by the Labour Court and therefore, the provisions of Section 14-B of the EPF Act could not have been invoked for imposing damages. The Central Government Industrial Tribunal Cum Labour Court allowed the appeal and set aside the order passed by the Regional provident Commissioner imposing the damages vide order dated 12.08.2015 under Section 14-B of the EPF Act. 7. We have gone through the impugned order passed by the Central Government Industrial Tribunal Cum Labour Court. 8. The Provident Fund contribution is on the wages drawn by the employee. Sri. H N Basavaraju was out of employment from 1995 till 23.09.2003. There was no question of making any contribution of PF by the - 5 - HC-KAR NC: 2026:KHC:26438-DB WP No. 13386 of 2021 respondent-establishment inasmuch as, Mr. H.N. Basavaraju was not drawing any wages/salary from the respondent - Establishment. Therefore, we are of the view that there was no deliberate delay by the respondent- Establishment in making contribution of PF in the PF account of Sri. H N Basavaraju. As soon as the Labour Court passed the award, the respondent-Establishment made the contribution on 50% back wages as awarded by the Labour Court. We therefore, do not find any substance in this petition to interfere with the order passed by the Central Government Industrial Tribunal Cum Labour Court and the same stands dismissed, however, without costs. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE BSV/List No.: 2 Sl No.: 9