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2022 Supreme(Cal) 1502

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Central Board of Trustees Employees’ Provident Fund Organisation – Appellant
Versus
Sylee Tea Estate – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anil Kumar Gupta.

JUDGMENT :

T.S. SIVAGNANAM, J.

1. This intra-Court appeal by the Central Board of Trustees Employees’ Provident Fund Organisation is directed the against the order dated 1st September, 2017 passed in W.P. No. 20254(W) of 2017 by which the writ petition by the appellant was dismissed on the ground that a writ petition at the instance of the Central Board of Trustees Employees’ Provident Fund Organisation is not maintainable.

2. Identical issue was considered by us in a batch of cases, Central Board of Trustees vs. Registrar, E.P.F. Appellate Tribunal and Another, 2022 SCC Online Cal. 1219 : (2022) 2 LLJ 93 and the appeals were allowed and the writ petitions at the instance of the Central Board of Trustees Employees’ Provident Fund Organisation was held to be maintainable. The operative portion of the judgment reads as follows:

    “71. For all the above reasons, the appeals are allowed and the order passed in the writ petitions are set aside and the writ petitions at the instance of the Central Board of Trustees Employees’ Provident Fund represented by the RPFC/APFC are maintainable and also writ petitions filed by the RPFC/APFC as a delegate of the Central Board are also maintainable. Con

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