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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
The Central Board of Trustees, Employees Provident Fund – Appellant
Versus
M/s.Tirupur Textiles Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal challenges writ court's denial of board's writ locus (Para 1 , 2) |
| 2. parties contend on board's authority to file writ petition (Para 3 , 4) |
| 3. upholds constitutional right to judicial review under article 226 (Para 5 , 6) |
| 4. board's body corporate status and authorisation enable proceedings (Para 7 , 9) |
| 5. remands writ for merits adjudication (Para 10 , 11) |
The present intra Court appeal has been instituted under Clause 15 of Letters Patent by the Central Board of Trustees, Employees Provident Fund, Rep. by Regional Provident Fund Commissioner II, challenging the order of the writ Court holding that the Board of Trustees, 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 14B of the Act on 14.12.2015. 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 agai
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