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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Central Board of Trustees, Employees Provident Fund – Appellant
Versus
Poppys Knitwear Pvt. Ltd. – Respondent
ORDER :
M. Dhandapani, J.
This Writ Petition has been filed seeking qaushment of the order of the Presiding Officer, Employees Provident fund Appellate Tribunal (CGIT) made in EPFA.No.223 of 2018 dated 11.04.2019 insofar as reducing the assessment of damages into 50% under Section 14B of the Act.
2. When the matter is taken up for consideration, it is brought to the notice of this Court that similar issue has been raised in a batch of petitions in W.P.Nos.26413/2017, etc. Batch and this Court, vide order dated 04.08.2023 had allowed the writ petitions setting aside the order passed by the original authority. Learned counsel appearing for the petitioner submits that the ratio laid down in the aforesaid order would be applicable to the case as well as the order impugned herein has been passed by the Board of Trustees, who is not clothed with power to question the order of the Tribunal.
3. This Court perused the order passed in W.P.Nos.26413/2017, etc. Batch, wherein, this Court has held as under :-
“25. A conjoint reading of Sections 7-I and 7-L shows that an appeal to the Tribunal could be filed only by the person aggrieved by the order of the authority or the Central Government and it c
The original authority and the Board of Trustees cannot challenge the Tribunal's order without express authorization from the Central Government, affirming the finality of the Tribunal's decisions.
The Board of Trustees cannot appeal Tribunal orders without express authorization from the Central Government, affirming the finality of such orders.
An original authority cannot appeal against a Tribunal's order without specific authorization from the Central Government, as the Tribunal's decision is final and binding.
The court established that the Central Board of Trustees has the standing to challenge Tribunal orders and that the assessment of PF contributions must be based on actual wages drawn by employees, no....
The Central Board of Trustees has the authority to challenge Tribunal orders regarding recovery of dues, asserting its status as a body corporate under the Employees’ Provident Fund Act.
An original authority lacks standing to appeal against a Tribunal's order without explicit authorization from the Central Government, reinforcing the finality of the Tribunal's decisions.
Jurisdictional limitations must be strictly observed, as appellate tribunals cannot entertain appeals filed beyond statutory time limits, reinforcing the necessity for procedural compliance in civil ....
The Appellate Tribunal acted without jurisdiction by entertaining an appeal barred by limitation, and mens rea is not required for civil liabilities.
Board of Trustees as body corporate holds authority to file writ petitions under Article 226 to challenge Appellate Tribunal orders preventing their finality without higher review.
The constitutional right to approach High Court under Article 226 cannot be denied to aggrieved authority. Appellate tribunal orders remain open to further challenge and do not attain finality automa....
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