Division bench sets aside single-judge order

S Shyam Prasad | NT

Bengaluru: A Division Bench of the High Court of Karnataka has set aside a 2017 order of a single-Judge bench against the Dharmadhikari of Dharmsthala Veerendra Heggade stating that “he had not approached the court with clean hands and is guilty of withholding of documents.”

The Division Bench has remanded the matter back to the Single-Judge bench to hear it afresh. It found that order of the Single-Judge bench could not be sustained in law. Veerendra Heggade had approached the SingleJudge bench against the Provident Fund Commissioner and the Employees PF Organisation.

The Assistant Provident Fund Commissioner had issued a notice to Heggade that he is the employer of an establishment, Kshethra Dharmasthala Manjunatheshwara Temple Trust, and he is covered under the provisions of the Employees Provident Fund and Miscellaneous Provision Act. He challenged the validity of this notice before the HC.

The Single-Judge by an order dated 31.07.2017 held that Heggade “has not produced the copy of the notification dated 14.05.2010 and has not approached the court with clean hands.” It was further held that the appellant (Heggade) was guilty of withholding the material documents. His petition was dismissed without adjudication of the issue on merits.