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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER
Assistant Provident Fund Commissioner, Office of the Regional Provident Fund Commissioner, Coimbatore – Appellant
Versus
Presiding Officer, Employees Provident Fund Appellate Tribunal, New Delhi – Respondent
| Table of Content |
|---|
| 1. introduction of the case and factual background. (Para 1 , 2) |
| 2. arguments regarding the authority of the assistant provident fund commissioner. (Para 3 , 4) |
| 3. court’s observations on the right to appeal and judicial authority. (Para 5 , 6 , 7 , 9 , 10) |
| 4. conclusion ordering restoration of writ petitions. (Para 11) |
JUDGMENT :
S.M. Subramaniam J.
The present intra Court appeals have been instituted under Clause 15 of Letters Patent by the Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, challenging the order of the writ Court holding that the Assistant Provident Fund Commissioner, has no authority to maintain a writ petition under Article 226 of the Constitution of India.
2. Uncontroverted facts between the parties would show that the competent authority under the Employees Provident Fund passed an order under Section 7-A of the Act on 22.06.2011. Aggrieved by the said order, Establishment preferred an appeal before the Appellate Tribunal and the Appellate Tribunal entertained the appeal under Section 7-I of the Act and passed final orders. Since the Employees Provident Fund Appellate Tribunal decided the issues against the Organisation, th
A government officer authorized under the Employees Provident Fund Act has the right to file a writ petition under Article 226 to challenge decisions despite having issued orders under the Act.
Central Board of Trustees, authorised as body corporate, entitled to file writ under Article 226 challenging tribunal orders as aggrieved party.
Regional Provident Fund Commissioner authorized by central resolution has constitutional right under Article 226 to challenge appellate tribunal's reversal of original order.
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....
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.
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.
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