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MOUSHUMI BHATTACHARYA
Radha Realty Corporation India Pvt. Ltd. – Appellant
Versus
Employees Provident Fund Organisation – Respondent
ORDER :
Moushumi Bhattacharya, J.
1. The present writ petition has been filed for quashing of an order dated 25.07.2023 passed by the Central Government Industrial Tribunal-cum-Labour Court, Hyderabad in an Appeal filed by the petitioner from an order dated 12.09.2014 passed by the Assistant Provident Fund Commissioner, Hyderabad, under section 7A of The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the 1952 Act'). The petitioner filed an application under Section 5 of The Limitation Act, 1963 along with the Appeal for condoning the delay of 200 days in filing the Appeal.
2. The facts relevant to the present adjudication are as follows:
The petitioner, as the employer under the provisions of the 1952 Act received a notice dated 16.07.2010 for production of documents. Thereafter passed an order on 12.09.2014 under Section 7A of the Act i.e. for determination of amounts due from the petitioner as the employer. The petitioner filed a writ petition before this Court i.e. W.P. No. 10834 of 2015 challenging the order passed by the respondent-authorities. The said writ petition was disposed of on 16.04.2015 giving liberty to the petitioner to avail of the reme
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....
Legal provisions on appeal restoration and conditions for condonation of delay outlined in the Employees’ Provident Fund Appellate Tribunal (Procedure) Rules.
The main legal point established in the judgment is that when a special Act itself provides for a limitation period and an extended period of limitation, the provisions of the Limitation Act cannot b....
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