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2022 Supreme(Online)(Cal) 35

CALCUTTA HIGH COURT
T.S. SIVAGNANAM, HIRANMAY BHATTACHARYYA, JJ
CENTRAL BOARD OF TRUSTEES – Appellant
Versus
THE REGISTRAR, E.P.F APPELLATE TRIBUNAL & ANR – Respondent


Advocates:
For the Appellants: Mr. S.C. Prasad, Mr. Anil Kumar Gupta, Ms. Aparna Banerjee, Mr. Soumya Majumdar, Mr. S.P. Tewary, Mr. Susanta Pal, Mr. S.K. Singh, Mr. Ravi Kumar Dubey
For the Respondents: (not specifically mentioned)

JUDGMENT

(Judgment of the Court was delivered by T.S.SIVAGNANAM, J.)

1. These intra Court appeals have been filed by the Central Board of Trustees, Employees’ Provident Fund Organization through Regional Provident Fund Commissioner, Kolkata. The contesting respondent in all the appeals are the employers and the other respondent is the Employees’ Provident Fund Appellate Tribunal, New Delhi represented by its Registrar (Tribunal).

2. The appellant had filed the writ petitions challenging the orders passed by the Tribunal in appeals filed by the employers. The Learned Tribunal had allowed the appeals filed by the employer to a limited extent and reduced the damages payable by the employer by a certain percentage. The writ petitions were dismissed at the admission stage, not on merits but on the ground of maintainability as the Central Board of Trustees, Employee’s Provident Fund organization cannot be treated to be aggrieved over the orders passed by the Learned Tribunal. This is a common finding in all the orders which are impugned in this bunch of appeals. In certain cases the learned Writ Court had not only followed the order impugned in MAT No. 1141 of 2017 etc. and while holding th

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