M/S Sentinel Security v. The Assistant Provident Commissioner and Recovery Officer

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2424 OF 2022 (L-PF) BETWEEN:

M/S SENTINEL SECURITY NO.642 1ST FLOOR 17TH CROSS, 4TH MAIN ROAD INDIRA NAGAR 2ND STAGE BANGALORE-560 038 REP. BY ITS PROPRIETOR. …PETITIONER (BY SRI. HARIKRISHNA PRAMOD., ADVOCATE) AND:

¶1THE ASSISTANT PROVIDENT COMMISSIONER AND RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE K R PURAM NO.F 28 N S U BLOCK I T I CAMPUS DOORVANI NAGAR BANGALORE-560 016.

¶2THE BRANCH MANAGER KOTAK MAHINDRA BANK LIMITED INDIRA NAGAR BRANCH 776, 100 FT ROAD, HAL 2ND STAGE INDIRA NAGAR, BANGALORE -560 038.

¶3THE BHARAT GOLD MINES LIMITED SWARNA BHAVAN OORGAUM P O KOLAR GOLD FIELDS, KARNATAKA -563120

Location: HIGH COURT OF KARNATAKA

REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SMT. NANDITA HALDIPUR, ADVOCATE FOR R1: SRI T RAJARAM, ADVOCATE FOR R3: R2 SERVED)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-1 PRODUCED AS ANNEXURE-D DATED:

23.12.2021 BEARING NO: KN/PF/KRP/RECOVERY CELL/19290/2021 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

¶1This petition is filed by the petitioner under Article 226 of the Constitution of India challenging the order dated 23.12.2021 passed by respondent No.1 vide Annexure-D.

¶2The petitioner is a proprietary firm engaged in the business of procuring people to work as security guards to suit the requirements of the employers. Petitioner had entered into an agreement with respondent No.3 for providing men for security purposes on 15.12.2003. On

28.02.2011, respondent No.1-Organization passed an order directing the petitioner to deposit a sum of about

Rs.29,00,000/- as provident fund dues for the men provided to respondent No.3 for security purposes. The petitioner has challenged the said order before Employees Provident Appellate Tribunal at New Delhi on 07.05.2011 and obtained an interim order. Thereafter, the appeal was transferred to the Central Government Industrial Tribunal cum Labour Court at Bengaluru. The transfer of the appeal to Bengaluru was not within the knowledge of the petitioner and the appeal was dismissed by Central Government Industrial Tribunal cum Labour Court at Bangalore on

16.10.2020 for non-prosecution. The petitioner was not aware of the dismissal of that appeal. After the said dismissal, when respondent No.1 on

16.03.2021 issued a demand notice, the petitioner came to know about the same. Immediately, the petitioner filed an application for recalling the order of dismissal on

12.10.2021. In the meanwhile, while the said application was pending consideration, respondent No.1 issued a Prohibitory Order dated 23.12.2021 to the petitioner and

respondent No.2, prohibiting the petitioner from operating the account and further directing the transfer of the balance amount as well as future credits in the account to respondent No.1. Being aggrieved by the same, the petitioner is before this Court.

¶3Learned counsel appearing for the petitioner submits that the dismissal order was recalled on 24.08.2026 and the appeal is now restored to file.

¶4Learned counsel appearing for the respondent submits that since the appeal filed by the petitioner is pending before the Central Government Industrial Tribunal, the petitioner can pursue the case before the Tribunal and this writ petition may be disposed of.

¶5Learned counsel appearing for the petitioner submits that till the appeal filed by the petitioner is considered by the Central Government Industrial Tribunal, the interim order granted by this Court on 09.02.2022 may be continued.

¶6In view of the above, following order is passed: ORDER a) The writ petition is disposed of. b) Liberty is reserved to the petitioner to prosecute the appeal pending before Central Government Industrial Tribunal, Bangalore. c) Till the petitioner's application for interim relief is considered by the Central Government Industrial Tribunal, the interim order granted by this Court on

09.02.2022 shall continue. All pending applications, if any, are disposed of accordingly.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

HA LIST NO.: 1 SL NO.: 8