Central Board Of Trustees vs M/S. Jagran Prakashan Ltd. And Another
2024 Latest Caselaw 10587 Jhar

Jharkhand High Court

Central Board Of Trustees vs M/S. Jagran Prakashan Ltd. And Another on 22 November, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                 W.P.(L) No. 680 of 2024

                Central Board of Trustees, Employees Provident Fund Organization,
                Regional Office, Ranchi through Shri Randhir Kumar, Regional
                Provident Fund Commissioner-II (Legal), Regional Office, Ranchi
                                                          ...     ...     Petitioner
                                        Versus
                M/s. Jagran Prakashan Ltd. and Another
                                                    ...       ...       Respondents
                                        ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Petitioner : Mr. P.A.S. Pati, Advocate For the Respondents : Mr. Nipun Bakshi, Advocate

---

11/22.11.2024 Learned counsel for the parties are present.

2. Learned counsel for the respondents has raised an objection that for all practical purposes, the writ petition has been filed by the adjudicating authority who had passed the order under section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 though the writ petition has been filed in the name of Central Board of Trustees of Employees Provident Fund Organization. He submits that no letter of authorization or no decision of the board of trustees has been placed on record to show that the writ petition has been filed at their instance.

3. Learned counsel for the respondents has produced a copy of the judgment passed by Hon'ble Gujarat High Court in LPA No. 1009 of 2022 (Regional Provident Fund Commissioner Vs. Employees Provident Fund Appellate Tribunal) decided on 04.12.2023 to submit that the adjudicating authority is not permitted to challenge the order passed by the Tribunal.

4. Learned counsel for the petitioner seeks adjournment to file a supplementary affidavit to explain the circumstances and the authority under which the present writ petition has been filed by referring to the judgment passed by the Hon'ble Gujarat High Court in LPA No. 1009 of 2022. If the Central Board of Trustees had taken a decision to file

the present case, the resolution of the Board be also placed on record through the supplementary affidavit.

5. Post this case on 10th January 2025.

(Anubha Rawat Choudhary, J.) Pankaj