- 1 - HC-KAR CNR: KAHC010367892021 NC: 2026:KHC:53542 WP No. 20008 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20008 OF 2021 (L-PF) BETWEEN: M/S SHAAN ENTERPRISES REP BY ITS PROPRIETOR MR C MOHAMMED NAZEER AGED ABOUT 53 YEARS CLASS-I ELECTRICAL AND CIVIL CONTRACTOR LIG -T-5, KJUNJATHBAIL MANGALURU-575015 OFFICE ADDRESS SHOP NO 8, BASEMENT MCC COMMERCIAL COMPLEX LALBAGH, MANGALURU DK-575003. …PETITIONER (BY SRI. PATGAR NARENDRA HANUMANT., ADVOCATE) AND: 1. THE UNION OF INDIA REP. BY SECRETARY LABOUR DEPT (MINISTRY OF LABOUR GOVT OF INDIA) PARLIAMENT HOUSE NEW DELHI-110001. 2. THE RECOVERY OFFICER AND ASSISTANT P F COMMISSIONER EMPLOYEES P.F ORGANISATION Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 2 - HC-KAR CNR: KAHC010367892021 NC: 2026:KHC:53542 WP No. 20008 of 2021 (MINISTRY OF LABOUR GOVT OF INDIA) REGIONAL OFFICE SILVA ROAD, MANGALURU D K DISTRICT, KARNATAKA- 575002. …RESPONDENTS (BY SRI. PRAKASH SALMANI, CGC, FOR R1 SMT. M R SHALAMALA., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-N VIDE FORM NUMBER E.P.F.C.P.-1 DTD.16.7.2021 ISSUED BY THE R-2 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this petition, the petitioner has called in question the notice dated 16.07.2021 issued by respondent No.2 (Annexure-N), seeking recovery of a sum of Rs.7,91,161/- towards the Employees’ Provident Fund dues payable by the petitioner. 2. The petitioner is a Class-I Electrical and Civil Contractor engaged in carrying out electrical and civil works under Government contracts. He has engaged Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 3 - HC-KAR CNR: KAHC010367892021 NC: 2026:KHC:53542 WP No. 20008 of 2021 employees and workers for carrying out the said works. It is stated that, under the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the petitioner had failed to remit the Employees’ Provident Fund contributions within the stipulated time. Consequently, penal damages of Rs.5,17,733/- and interest of Rs.2,73,428/- were levied, aggregating to a total sum of Rs.7,91,161/-. 3. Learned counsel appearing for the respondents submits that, if the petitioner remits the interest amount of Rs.2,73,428/-, he may approach the competent authority under the VISHWAS Scheme in respect of the remaining amount of Rs.5,17,733/- levied towards damages. 4. In view of the above submission, and without expressing any opinion on the merits of the case, the following order is passed: Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 4 - HC-KAR CNR: KAHC010367892021 NC: 2026:KHC:53542 WP No. 20008 of 2021 ORDER a) The writ petition is disposed of. b) The petitioner is directed to remit a sum of Rs.2,73,428/- to respondent No.2. Pursuant to the order dated 15.11.2021 passed by this Court, the petitioner has already deposited a sum of Rs.1,50,000/- before this Court. Hence, the Registry is directed to release the said amount in favour of respondent No.2. The petitioner shall remit the remaining amount of Rs.1,23,428/- to respondent No.2 within a period of three weeks from today. c) The petitioner is also at liberty to file an application under the VISHWAS Scheme in respect of the remaining amount of Rs.5,17,733/- levied towards damages. d) If such an application is filed, the respondents shall consider the same in accordance with law, within a period of three weeks from the date of receipt of such application. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA - 5 - HC-KAR CNR: KAHC010367892021 NC: 2026:KHC:53542 WP No. 20008 of 2021 e) Till such consideration, the respondents shall not implement the impugned notice dated 16.07.2021 at Annexure-N. f) All pending I.As., if any, stand disposed of. (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 22 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA