The provisions of the Limitation Act are not applicable to the review of orders passed under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, as the Scheme of the Act of 1952 provides its own limitation period.

Heard.

2. This petition has been filed by the petitioner under Article 226 of the

Constitution of India against the orders dated 21.07.2022 and 24.05.2023

passed by the respondent No.1 Regional Provident Fund Commissioner under

Section 7 A of the Employees' Provident Fund and Miscellaneous Provisions

Act, 1952 (herein after referred to as the 'Act of 1952'). Vide order dated

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Signed by: BAHAR CHAWLA

Signing time: 08-01-2024

17:55:47

Signature Not Verified

24.05.2023, the Provident Fund Commissioner has rejected the petitioner's

application for review of the aforesaid order dated 21.07.2022. The review

application has been rejected on the ground of limitation which is 45 days, from

the date of the order.

3. Counsel for the petitioner has relied upon the decision rendered by

the Full Bench of this Court in the case of Mohammad Sagir Vs. Bharat

Heavy Electricals and Ors. reported as 2004 (2) JLJ 183 wherein, this Court

has held that if in a Special Act, the provisions of Limitation Act have not been

specifically excluded, the Limitation Act would be applicable.

4. On due consideration of submissions and on perusal of the record, it

is apparent that the application of review has been rejected only on the ground

of limitation as the petition for review was filed after a delay of 71 days.

5. So far as the provision of review is concerned, the same is provided

under Section 7B of the Act of 1952 and under Paragraph No.79A of the

Employees' Provident Funds Scheme 1952 (herein after referred to as the

'Scheme of the Act of 1952'), which reads as under:-

"7B. Review of orders passed under section 7A (1) Any

person aggrieved by an order made under sub-section (1) of

section 7A, but from which no appeal has been preferred under

this Act, and who, from the discovery of new and important

matter or evidence which, after the exercise of due diligence

was not within his knowledge or could not be produced by him at

the time when the order was made, or on account of some

mistake or error apparent on the face of the record or for any

other sufficient reason, desires to obtain for a review of such

order may apply for a review of that order to the officer who

passed the order:

PROVIDED that such officer may also on his own motion review

his order if he is satisfied that it is necessary so to do on any

such ground.

(2) Every application for review under sub-section (1) shall be

filed in such form and manner and within such time as may be

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Signed by: BAHAR CHAWLA

Signing time: 08-01-2024

17:55:47

Signature Not Verified

specified in the Scheme.

(3) Where it appears to the officer receiving an application for

review that there is no sufficient ground for a review, he shall

reject the application.

(4) Where the officer is of the opinion that the application for

review should be granted, he shall grant the same:

PROVIDED that,

(a) no such application shall be granted without previous notice

to all the parties before him to enable them to appear and be

heard in support of the order in respect of which a review is

applied for, and

(b) no such application shall be granted on the ground of

discovery of new matter or evidence which the applicant alleges

was not within his knowledge or could not be produced by him

when the order was made, without proof of such allegation.

(5) No appeal shall lie against the order of the officer rejecting

an application for review, but an appeal under this Act shall lie

against an order passed under review as if the order passed under

review were the original order passed by him under section 7A.

6. So far as paragraph No.79A of The Employees’ Provident Funds

Scheme, 1952 is concerned, the same reads as under:-

79A. Filing application for review Any person aggrieved by

an order made under sub-section (1) of section 7-A and who

desires to obtain a review of such order may apply for a review

of that order, as provided in sub-section (1) of section 7B of the

Act in Form 9 to the officer who passed such order:

Provided that no application for review