EMPLOYEES PROVIDENT FUND ORGANISATION
(Ministry of Labour & Employment, Govt. of India)
Bhavishya Nidhi Bhawan, 14, Bhikaiii Came Place. New Delhi – 110 066.
Date: 08 Oct 2018
All Zonal ACCs/All Officer-in-Charge
Sub:- Land mark Central Government Industrial Tribunal Judgment against condonation of delay – reg.
A Copy of land mark Judgment in the matter of Sarwan Singh Dhiman and sons Vs Regional Provident Fund Commissioner, Chandigarh (EPF No. 02/2017) passed by the Presiding Officer, Central Government Industrial Tribunal-Cum-Labour Court -1 Chandigarh has been forwarded to this office by e-mail by RPFC-I & ACC( addl charge) Chandigarh. The copy of complete judgment is being circulated as it may be quite useful for reference in similar cases pending before various CGIT’s and other courts.
The order made by CGIT-I, Chandigarh disposed of the application filed by the appellant for condonation of delay in filing appeal before the CGIT. It is alleged by the appellant that the impugned order dated 24.8.2016 under section 7A of EPF&MP Act,1952 has not been received by him, but the Ld. Tribunal has stated that there is nothing on record to show that impugned order was not conveyed to the appellant as required by law. Vide its order dated 25.07.2017 the Ld. CGIT stated that
” It is clear from the ratio of law laid down in the above authorities that when limitation is provided under special law the question of condonation of delay has to be considered within the parameters contained in the said special law. The Courts cannot be import into the Act or Rule their discretion so as to defeat the very purpose of such special enactment. Resultantly, this Tribunal does not have powers to condone the delay beyond the period of 120 days as mentioned in Rule 7(2) of the Rules. As sequel of above discussion, it is held that appeal filed by the appellant herein is hopelessly time barred as such the delay in filing the appeal is uncondonable in view of the embargo contained in Rule 7(2) of the Rules. Accordingly the application is rejected.”
Encl:- As above.
(R . M Verma)
Additional Central P F Commissioner (Legal)
Copy To :-
1. Regional P F Commissioner -I, National Data Centre for information and Web