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2019 Supreme(SC) 2235

R.BANUMATHI, A.S.BOPANNA
Calcutta Gujarati Education Society – Appellant
Versus
Regional Provident Fund Commissioner – Respondent


Advocates Appeared:
Mr. Siddharth Bhatnagar,Sr.Adv. Mr. Prasenjit Keswani,Adv. Mr. Upmanyu Tewari,Adv. Mr. Satyajit Saha,Adv. Mr. Gurnoor Kaur,Adv. Mrs. V. D. Khanna, Advocate, for the Appellant; Mr. Varun Agarwal,Adv. Mr. Chandra Prakash, Advocate, for the Respondent

ORDER

A.S. Bopanna, J. - The appellants are before this Court assailing the order dated 19.06.2008 passed by the High Court of Calcutta in CO. No.208 of 2006 whereby the High Court has rejected the writ petition filed by the appellants herein on the ground that it does not have the territorial jurisdiction to entertain the writ petition. Hence, the issue for consideration herein is as to whether the appellants could have maintained the writ petition filed under Article 227 of the Constitution of India before the Calcutta High Court. The facts leading to such situation is that the appellants-herein claiming to be aggrieved by the order dated 20.10.2005 passed by the Employees Provident Fund Appellate Tribunal had approached the Calcutta High Court assailing the same. Since the order was passed by the Appellate Tribunal situated at New Delhi, the Calcutta High Court has declined to entertain the writ petition on holding that it has no jurisdiction as the situs of the Tribunal is at New Delhi which is outside its territorial jurisdiction. The appellants claiming to be aggrieved are before this Court in this appeal.

2. We have heard learned senior counsel appearing on behalf of the app

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