- (1.) The appellant-petitioner herein filed the writ petition challenging the order passed by the Employees Provident Fund Appellate Tribunal in ATA No. 341 (15) 2008 whereby the said Appellate Tribunal was pleased to set aside the order passed by the said appellant-petitioner. The learned Single Judge held that the appellant-petitioner herein being the quasi-judicial authority cannot file the writ petition challenging the order passed by the learned Appellate Tribunal.
(2.) Mr. L.K. Chatterjee, learned Advocate representing the appellant-petitioner submits that the said appellant-petitioner is entitled to challenge the order passed by the Appellate authority being a statutory authority. Mr. Chatterjee further submits that the learned Single Judge erroneously held that the writ petition is not maintainable at the instance of the appellant-petitioner ignoring the fact that the said appellant-petitioner passed an order under the Statute which was not properly decided by the learned Appellate Tribunal.
(3.) Mr. Chatterjee also referred to and relied upon the following decisions in support of his aforesaid contentions: "1. Assistant Provident Fund Commissioner, Meerut v. Employees Provident Fund Appellate Tribunal, 2005 122 DLT 502 2. Regional Provident Fund Commissioner v. Anithing Studios Pvt. Ltd. (Writ Appeal No. 786/2012) (Unreported judgment of the Hon'ble High Court of Karnataka at Bangalore)";