SAMBUDDHA CHAKRABARTI,J. - (1.) These writ petitions are directed against different orders of the Employees' Provident Fund Appellate Tribunal (the Tribunal, for short) on diverse dates, which the provident fund authorities have challenged in these writ petitions. They have been filed by the Central Board, Employees' Provident Fund Organization. In course of hearing, a preliminary point was raised to the maintainability of the writ petition primarily on various points.
(2.) Since a common point of maintainability arose in respect of all the writ petitions, the issue is being disposed of by a common judgment and order. Mr. Partha Sarathi Sengupta, the learned Senior Counsel has made submissions on behalf of the establishments and Mr. Pal, the learned Senior Advocate submitted for the petitioner.
(3.) There has been a serious issue agitated that since there is no body or authority by the name of Employees' Provident Fund Organization in the statute, it cannot have any Central Board of Trustees. Secondly, filing a writ petition or challenging an order of the Tribunal falls outside the purview of the powers and functioning of the Central Board of Trustees. Therefore, these writ petitions at their instance are not plainly maintainable. The power of delegation by the Central Board of Trustees cannot be used for challenging an order of the Tribunal. Lastly, the maintainability of these petitions was challenged on the ground that the Central Board of Trustees not being a party to the earlier stages of the proceedings, it cannot figure as a writ petitioner without first obtaining leave of this Court.;