Sri S S Avadhani vs The Union Of India
2021 Latest Caselaw 3029 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 28TH DAY OF JULY , 2021

                             PRESENT

       THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

                              AND

       THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

               WRIT APPEAL NO.111/2021 (L-PF)
BETWEEN

1 . SRI S S AVADHANI
    S/O LATE S.D. AVADHANI
    AGED ABOUT 61 YEARS,
    RETIRED SCIENTIST-E
    CENTRAL MANUFACTURING
    TECHNOLOGY INSTITUTE
    TUMKUR ROAD,
    BENGALURU-560022 ,
    RESIDING AT NO 66, 13TH CROSS,
    12TH MAIN, CQAL LAYOUT,
    SAHAKARANAGAR,
    BENGALURU 560092

2 . SRI ANJANAPPA M
    S/O LATE MALLAIAH,
    AGED ABOUT 60 YEARS,
    RETIRED MTA-3,
    CENTRAL MANUFACTURING
    TECHNOLOGY INSTITUTE ,
    TUMKUR ROAD,
    BENGALURU 560022

                                                ...APPELLANTS

(BY SRI M.S.BHAGWAT, ADV.)

AND:

1 . THE UNION OF INDIA
    REPRESENTED BY ITS SECRETARY,
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   MINISTRY OF LABOUR
   SHRAM SHAKTI BHAVAN,
   RAFI MARG, NEW DELHI-110001

2 . THE CENTRAL PROVIDENT FUND
    COMMISSIONER
    MINISTRY OF LABOUR,
    GOVERNMENT OF INDIA
    BHAVISHYA NIDHI BHAWAN
    NO,14, BHIKAJI CAMA PLACE,
    NEW DELHI-110 066

3 . THE REGIONAL PROVIDENT
    FUND COMMISSIONER (PENSION)
    MINISTRY OF LABOUR
    GOVERNMENRT OF INDIA
    KARNATAKA REGION,
    BHAVISHYA NIDHI BHAWAN
    NO.13, RAJARAM MOHAN ROY ROAD
    P.B. NO. 2584
    BENGALURU-560025

4 . THE REGIONAL PROVIDENT
    FUND COMMISSIONER-I
    REGIONAL OFFICE-PEENYA
    NO.62, 3RD CROSS,
    INDUSTRIAL SUBURB,
    YESHWANTPUR 2ND STAGE
    BENGALURU-560 022

5 . THE CENTRAL MANUFACTURING
    TECHNOLOGY INSTITUTE
    REPRESENTED BY ITS DIRECTOR
    TUMKUR ROAD BENGALURU-560022


                                    ...RESPONDENTS
(BY SMT.NANDITA HALDIPUR, ADV. TO R2 TO R4
   NOTICE TO R1 AND R5 SERVED AND UNREPRESENTED)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 01.12.2020 PASSED BY THE LEARNED
SINGLE JUDGE IN W.P.NO.8304/2020 AND ETC.
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       THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING
THIS   DAY,      SATISH   CHANDRA    SHARMA   J.,   DELIVERED   THE
FOLLOWING:


                            JUDGMENT

Sri M.S.Bhagwat, learned counsel for the appellants has

argued before this Court that no issue arising out of the case is

pending before the Hon'ble Supreme Court and the matter can be

heard finally.

2. On the contrary, learned counsel for respondent No.2

has drawn the attention of this Court towards the order passed by

the Hon'ble Supreme Court dated 29.01.2019 and the same

reveals that the review petitions filed by the employees of the

organisation have been allowed and the matter is posted for

hearing.

3. The order passed by the Hon'ble Supreme Court was

not brought to the notice of the learned Single Judge and

therefore, the matter is remanded back to the learned Single

Judge and the parties shall be free to place the order passed by

the Hon'ble Supreme Court from time to time enabling them to

proceed ahead in accordance with law.

The parties shall appear before the learned Single Judge on

02.08.2021.

With the aforesaid, the writ appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

TL