IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
Regional Provident Fund Commissioner Employees Provident Fund Organisation Regional Office – Appellant
Versus
M/s.Karamalai Estate – Respondent
| Table of Content |
|---|
| 1. appeal by regional commissioner against tribunal reversal (Para 1 , 2) |
| 2. arguments on maintainability and authorization (Para 3 , 4) |
| 3. article 226 right of aggrieved authorities (Para 5 , 6 , 7 , 9 , 10 , 11) |
O R D E R
[Made by S.M.SUBRAMANIAM, J., The present intra Court appeal has been instituted under Clause 15 of Letters Patent by the Regional Provident Fund Commissioner, Employees Provident Fund Organisation, challenging the order of the writ Court holding that the Regional 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 28.05.2013. 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 Funds Appellate Tribunal decided the issues against the Organisation, the writ petition has been instituted by the Regional Provident Fund Commissioner.
3. Mr.R.Vishnu, lea
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