Calcutta High Court (Appellete Side)
Central Board Of Trustees ... vs M/S. Sylee Tea Estate & Anr on 24 August, 2022
Item No.1.
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
HEARD ON: 24.08.2022
DELIVERED ON:24.08.2022
CORAM:
THE HON'BLE MR. JUSTICE T. S. SIVAGNANAM
AND
THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA
M.A.T. No.1842 of 2017
[I.A. No.CAN 1 of 2018 (Old CAN 804 of 2018)] (not in file)
Central Board of Trustees Employees' Provident Fund Organisation.
Vs.
M/s. Sylee Tea Estate & anr.
Appearance:-
Mr. Anil Kumar Gupta ..... for the appellant.
JUDGMENT
(Judgment of the Court was delivered by T.S. SIVAGNANAM, J.)
1. This intra-Court appeal by the Central Board of Trustees
Employees' Provident Fund Organisation is directed the against
the order dated 1st September, 2017 passed in W.P. No.20254(W) of
2017 by which the writ petition by the appellant was dismissed
on the ground that a writ petition at the instance of the
Central Board of Trustees Employees' Provident Fund Organisation
is not maintainable.
2. Identical issue was considered by us in a batch of cases,
Central Board of Trustees Vs. Registrar, E.P.F. Appellate
Tribunal & Anr. reported at 2022 SCC OnLine Cal 1219 :
(2022) 2 LLJ 93 and the appeals were allowed and the writ
petitions at the instance of the Central Board of Trustees
Employees' Provident Fund Organisation was held to be
maintainable. The operative portion of the judgment reads as
follows:-
"71. For all the above reasons, the appeals
are allowed and the order passed in the writ
petitions are set aside and the writ petitions
at the instance of the Central Board of
Trustees Employees' Provident Fund represented
by the RPFC/APFC are maintainable and also
writ petitions filed by the RPFC/APFC as a
delegate of the Central Board are also
maintainable. Consequently the writ petitions
stand restored to file of the Learned Single
Bench to be heard and decided on merits and
accordance with law. The respondent employers
are directed to file their affidavit-in-
opposition to the writ petitions raising their
contentions on the merits of the matter except
the ground of the maintainability which has
been decided in favour of the appellant and
such affidavit-in-opposition be filed within
eight weeks from the date of receipt of the
server copy of this order after serving copies
thereof on the appellant and the appellants
are granted four weeks time there from to file
reply if any after which the Registry is
directed to list the writ petitions for
hearing before the appropriate Learned Single
Bench. No Costs."
3. Thus, by following the above decision, this appeal is
allowed and the order passed in the writ petition is set aside
and it is held that the writ petition at the instance of the
Central Board of Trustees Employees' Provident Fund Organisation
is maintainable. Consequently, the writ petition stands
restored to the file of the Learned Single Bench to be heard and
decided on merits and in accordance with law.
4. The respondents are directed to file their affidavit-in-
opposition to the writ petition within eight weeks from date of
receipt of the server copy of this judgment and order after
serving copies thereof on the appellant. The appellant is
granted four weeks time therefrom to file reply, if any, after
which the Registry is directed to list the writ petition for
hearing before the appropriate Learned Single Bench.
5. There shall be no order as to costs.
6. Urgent photostat certified copy of this order, if applied
for, be furnished to the parties expeditiously upon compliance
of all legal formalities.
(T.S. SIVAGNANAM, J)
I agree,
(HIRANMAY BHATTACHARYYA, J.)
NAREN/PALLAB(AR.C)
