Regional Provident Fund Commissioner, Employees Provident Fund Organization v. Hindustan Zinc Limited,debari, Udaipur Rajasthan
2020-01-27
PUSHPENDRA SINGH BHATI, SANGEET LODHA
body2020
DigiLaw.ai
ORDER : 1. This intra-court appeal is directed against the order dated 24.09.2018 passed by learned Single Judge of this Court, whereby writ petition preferred by appellant aggrieved by order dated 24.03.2017 passed by the Employees’ Provident Funds Appellate Tribunal, New Delhi, accepting the appeal filed by the respondent under Section 7-I of the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 (Act of 1952), has been dismissed. 2. The appeal is reported to be barred by limitation for 338 days. It is accompanied by an application under Section 5 of the Limitation Act. 3. It is stated that copy of the order dated 24.09.2018 passed by the learned Single Judge was received in the office of appellant on 31st of December, 2018 and thereafter after seeking legal opinion, the decision to file appeal was taken and thereafter panel lawyer was contacted, and thereafter the appeal was drafted and filed. 4. To say the least, the explanation furnished for the inordinate delay in filing the appeal is not plausible and acceptable, therefore, the application under Section 5 of the Limitation Act deserves to be rejected and consequently the appeal deserves dismissal as barred by limitation. However, we have examined the matter on merits as well. 5. The learned Single Judge after due examination of the matter did not find any perversity in the order passed by the Tribunal. That part, the learned Single Judge opined that the appellant herein has no locus to challenge the order passed by the Tribunal. It is pertinent to note that even the writ petition before the learned Single Judge assailing the order passed by the Tribunal was filed after a delay of one year. 6. We are in agreement with the view taken by the learned Single Judge of this Court. 7. No case for interference by us in intra-court appeal jurisdiction is made out. 8. Accordingly, the appeal is dismissed as barred by limitation as also on merit.