Sri Vinay S Koparde vs Union Of India
2023 Latest Caselaw 2753 Kant

                                                   -1-
                                                              WP NO.15044 OF 2020




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 01ST DAY OF JUNE, 2023

                                                 BEFORE
                                THE HON'BLE MR. JUSTICE E.S.INDIRESH
                                WRIT PETITION NO.15044 OF 2020 (S-R)
                       BETWEEN:
                       1.    SRI. VINAY S. KOPARDE
                             S/O SOPAN K. KOPARDE
                             AGED ABED 65 YEARS,
                             R/AT NO.A-304,
                             SUMADHURA ANANTHAM APARTMENT,
                             MANIPAL COUNTY ROAD,
                             BENGALURU - 560 068.

                       2.    SRI. A. VIJAY KUMAR
                             S/O A. VASUDEVA RAO
                             AGED ABOUT 66 YEARS,
                             R/AT NO.315, 4TH CROSS,
                             4TH MAIN, COFFEE BOARD LAYOUT,
                             KEMPAPURA HEBBAL, HA FARM,
                             BENGALURU - 560 024.

                                                                    ...PETITIONERS
                       (BY SRI. SUNDARESHAN H.C., ADVOCATE)
Digitally signed by
ARUN KUMAR M S         AND:
Location: HIGH COURT
OF KARNATAKA
                       1.    UNION OF INDIA
                             REP. BY ITS SECRETARY
                             MINISTRY OF LABOUR AND EMPLOYMENT,
                             SHRAMASHAKTI BHAVAN,
                             RAFIQ MARG,
                             NEW DELHI - 110 001.

                       2.    THE CENTRAL PROVIDENT FUND
                             COMMISSIONER (PENSION),
                             EMPLOYEES PROVIDENT FUND ORGANISATION,
                             BHAVISHYA NIDHI BHAVAN,
                             14-BHIKAJI, CAMA PLACE,
                             NEW DELHI - 110 066.
                              -2-
                                       WP NO.15044 OF 2020




3.   REGIONAL PROVIDENT FUND COMMISSIONER
     EMPLOYEES PROVIDENT FUND ORGANIZATION,
     BHAVISHYA NIDHI BHAVAN,
     NO.13, RAJARAM MOHAN ROY ROAD,
     BENGALURU - 560 035.

4.   THE MANAGING DIRECTOR
     KARNATAKA HANDLOOM DEVELOPMENT
     CORPORATION LTD.,
     REGIONAL OFFICE,
     NO.1, PRIYADARSHINI COMMERCIAL COMPLEX,
     TANK BUND ROAD, ULSOORU,
     BENGALURU - 42.

                                             ...RESPONDENTS
(BY SRI. H. SHANTHI BUSHAN, DSGI FOR R1;
 SMT. NANDITA HALDIPUR, ADVOCATE FOR R2 & R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-
ASIDE THE COMMUNICATIONS ISSUED BY THE RESPONDENT
NO.3 DATED 18TH JULY, 2019 VIDE ANNEXURES 'R' AND 'R1'
RESPECTIVELY; AND ETC.

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                         ORDER

In this writ petition, the petitioner has sought for

direction to the respondents to consider the joint application

filed by the petitioner dated 11th February, 2019 as per

Annexure-G for payment of revised pension on higher wages in

terms of judgment passed by Hon'ble Apex Court in the case of

R.C. GUPTA AND OTHERS vs. REGIONAL PROVIDENT

WP NO.15044 OF 2020

FUND COMMISSIONER, EMPLOYEES PROVIDNET FUND

ORGANISATION AND OTHERS (Annexure-C).

2. Heard Sri. H.C. Sundareshan H.C., learned counsel

appearing for the petitioner; Sri. H. Shanthi Bushan, learned

Deputy Solicitor General of India appearing for the respondent

No.1; and Smt. Nandita Haldipur, learned counsel appearing for

respondents 2 & 3.

3. Having heard the learned counsel appearing for the

parties and on careful examination of writ papers would

indicate that, Hon'ble Apex Court in SLP (C) Nos.8658-8659 of

2019 decided on 04th November, 2022 has disposed of the

matter and the said judgment is squarely applicable to the case

on hand.

4. Accordingly, reserving liberty to the petitioner to

approach the jurisdictional Provident Fund Organisation, the

present petition is disposed of.

SD/-

JUDGE

ARK