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2026 Supreme(Cal) 216

IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Regional Provident Fund Commissioner and another – Appellant
Versus
Employees Provident Fund Appellate Tribunal, Ministry of Labour & Employment Government of India & Ors. – Respondent


Advocates Appeared:
For the Petitioners: Ms. Aparna Banerjee.

Judgment:

Shampa Dutt (Paul), J.

1. The writ petitioners being the statutory authorities working under the Employees Provident Fund Organisation and discharging their statutory functions under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the scheme framed thereafter, have filed the instant writ petition challenging the order dated 24th March, 2011 passed by the learned Employees' Provident Fund Appellate Tribunal, New Delhi in ATA No. 497 (15) of 2009 under Section 71 of the . The learned Tribunal has allowed the appeal being ATA No. 497(15) of 2009 filed by the respondent no. 2, M/s. Klar Sehen Pvt. Ltd., the appellate tribunal set aside the order passed by the petitioners/provident fund authorities under Section 7A of the Employees Provident fund authorities under of the .

2. The petitioners on 7th November,2006 received a complaint against the respondent no. 2, from the secretary of AAL West Bengal Sales Representatives Union, stating that respondent no. 2 had deprived the trainee medical representatives working in respondent company from the legitimate right of becoming a member under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 .

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