Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Shashi Sharma – Appellant
Versus
Employees Provident Fund Organization – Respondent
| Table of Content |
|---|
| 1. 91-day delay in pf appeal filing. (Para 2 , 3 , 4) |
| 2. tribunal rejected condonation beyond 120 days. (Para 5 , 6) |
| 3. epf rules limit condonation to 120 days. (Para 7 , 8) |
| 4. sc bars condonation beyond statutory limit. (Para 9 , 10) |
| 5. no jurisdiction; writ petition dismissed. (Para 11 , 12 , 13) |
By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-
“A. That the impugned order 21.08.2023 (Annexure-P- 3) of Hon'ble Central Government Industrial Tribunal-cum- Labour Court-1, Chandigarh passed in MA No. 15/2022 may kindly be set aside and the delay of 91 days in filing the appeal before the above authority may kindly be condoned in the interest of justice and the appeal may kindly be directed to be heard on merits.
B. Entire record of the case may kindly be ordered to be called for kind perusal of this Hon'ble Court.
C. That, further prayed that the order dated: 27.07.2022 (Annexure-P-1) passed under S. 7-A of the PF & MP Act, 1952 may kindly be set aside and the authority may kindly be directed to make a fresh inquiry in the matter by identifying the beneficiaries and considering the entire record present
No jurisdiction to condone appeal delay beyond 120 days under EPF Act Rule 7(2); statutory limit strictly enforceable, writ court cannot interfere.
The court ruled that strict compliance with statutory time limits is mandatory, and substantial justice cannot override clear legislative provisions regarding delay in filing appeals.
The High Court cannot entertain a writ petition filed beyond the statutory limitation period for appeals as prescribed by special legislation, reaffirming established precedents.
An appeal to the Commissioner (Appeals) is barred by time if not filed within the statutory period specified in the Finance Act, 1994, and requires sufficient cause for delay to be justified.
Appeals under NIA Act Section 21(5) filed beyond maximum 90 days are not maintainable; delay uncondonable as provision mandatory, excluding Limitation Act Section 5 application.
The main legal point established is that the pendency of a representation before the concerned authority can exclude the time for filing an appeal, and the provisions of the Limitation act, 1963, can....
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
