Back
SUSHRUT ARVIND DHARMADHIKARI
Municipal Corporation Durg – Appellant
Versus
Employees Provident Fund Organization – Respondent
JUDGMENT
Sushrut Arvind Dharmadhikari, J. - In the instant petition under Article 226/227 of the Constitution of India, the petitioner has called in question the validity of the order dated 11.11.2022 passed by Central Government Industrial Tribunal cum EPF Appellate Tribunal, Jabalpur, whereby the application seeking condonation of delay in filing the appeal under Section 7-I of the Employees Provident Fund Act 1952 filed by the petitioner has been rejected on the ground that the Tribunal has no power to condone the delay beyond 120 days.
2. Learned counsel for the petitioner submitted that there is delay of near about two months and the delay has already been explained. The only reason for rejection is that the tribunal has no power. In such a situation, in the interest of justice, delay needs to be condoned for the reasons mentioned in the application.
3. On the other hand, learned counsel for the respondent opposed the prayer and submitted that the petition deserves to be dismissed.
4. Taking into consideration the facts and circumstances of the case as well as in the interest of justice, the delay occurred in filing the appeal before the Central Government Industrial Tribunal cum
Legal provisions on appeal restoration and conditions for condonation of delay outlined in the Employees’ Provident Fund Appellate Tribunal (Procedure) Rules.
The court cannot extend the statutory time limit for filing appeals under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and the principles of natural justice were not violate....
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....
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
