Judgment in favor of the petitioner in the case of the writ petition filed against IBM India and Union of India and the Regional provident fund office
Contents News/Article Date:1st February 2023
Relating to which Act: The Employees Provident Funds & Miscellaneous Provisions Act, 1952; Industrial Disputes Act, 1947
Applicable to which State: All the establishments in the States with PF coverage and all the establishments covered by the Industrial Disputes Act
Type: Judgement of Hon’ble Justice C M Poonacha – WRIT PETITION NO.41066 OF 2014 (L-PF)
Pertains to: Establishments and Members of PF Fund
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And in this instance: IN THE HIGH COURT OF KARNATAKA AT BENGALURU – DATED THIS THE 1ST DAY OF FEBRUARY, 2023 BEFORE THE HON’BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.41066 OF 2014 (L-PF)
BETWEEN
M/S. IBM INDIA PRIVATE LIMITED – REPRESENTED BY ITS LEGAL COUNSEL – SRI. LAHAR APPAIAH. PETITIONER – (BY SRI K. KASTURI, SR. COUNSEL FOR SRI THOMAS VELLAPALLY, ADVOCATE)
AND
- UNION OF INDIA
- REGIONAL PROVIDENT FUND COMMISSIONER-II
- L. THOMAS SELVAN
Subject: IN THE HIGH COURT OF KARNATAKA AT BENGALURU – DATED THIS THE 1ST DAY OF FEBRUARY, 2023 BEFORE THE HON’BLE MR. JUSTICE C.M. POONACHA
Appended is the complete news item
IN THE HIGH COURT OF KARNATAKA AT BENGALURU – DATED THIS THE 1ST DAY OF FEBRUARY, 2023 BEFORE THE HON’BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.41066 OF 2014 (L-PF)
BETWEEN
M/S. IBM INDIA PRIVATE LIMITED – REPRESENTED BY ITS LEGAL COUNSEL – SRI. LAHAR APPAIAH …PETITIONER – (BY SRI K.KASTURI, SR. COUNSEL FOR SRI THOMAS VELLAPALLY, ADVOCATE)
AND
1 . UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
MINISTRY OF LABOUR & EMPLOYMENT,
NEW DELHI 110001
2 . REGIONAL PROVIDENT FUND COMMISSIONER-II
NO.2, MARUTHI COMPLEX,
1ST “A” MAIN, HIG SECTOR,
NEAR SBI, YELAHANKA NEW TOWN,
BANGALORE 560064
3 . L. THOMAS SELVAN
S/O S.N.LAZAR,
MAJOR,
NO.14/2, II FLOOR,
ORDER
The present petition is filed seeking the following reliefs:
“a) Issue a Writ of Certiorari or other appropriate writ, direction, or order quashing the impugned Annexure L order dated 15.07.2014 passed by the Regional Provident Fund Commissioner-II, SRO, Yelahanka, Bangalore, Respondent No.2 herein;
b) Issue a writ of mandamus or other appropriate writ, direction, or order to Respondent No.2 restraining him from collecting any provident fund contributions on the 17 B wages paid to Respondent No.3, in terms of ANNEXURE ‘L’ order during the pendency of this petition;
c) Grant such other or further relief to the Petitioner as may be deemed fit in the facts and circumstances of the case and in the interests of justice.”
consideration is answered in the negative and the relief claimed in the present writ petition is liable to be granted. Hence, I pass the following ORDER
a) The writ petition is allowed;
b) The order dated 15.07.2014 passed by the Regional Provident Fund Commissioner-II, Sub-Regional Office, Yelahanka is quashed;
c) No costs.
Sd/- JUDGE
