SHANTI ROAD SERVICES PRIVATE LIMITED Vs. REGIONAL PROVIDENT FUND COMMISSIONER
LAWS(CAL)-2017-8-15
HIGH COURT OF CALCUTTA
Decided on August 01,2017

Shanti Road Services Private Limited Appellant
VERSUS
REGIONAL PROVIDENT FUND COMMISSIONER Respondents

JUDGEMENT

SAMBUDDHA CHAKRABARTI, J. - (1.) Although the order impugned in the writ petition is under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1951 which is an appealable order, the writ petition is entertained primarily on two grounds. First, the petitioner has alleged that the order impugned passed is entirely contrary to law and secondly, as submitted by Mr. Majumder, the learned advocate for the petitioner, there is practically no appellate authority available for the petitioner. He submits that after the dissolution of the Employees' Provident Funds Appellate Tribunal, different Central Government Industrial Tribunals have been invested with the power of hearing appeals. But for the Kolkata district, the Tribunal is practically non-functioning as no regular Presiding Officer has been appointed after the former Presiding Officer had retired.
(2.) In such view of it, the writ petition is entertained, as the grievance of a party cannot go unredressed for want of a forum.
(3.) Heard the learned advocates for the parties.;


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