The Tribunal considered an appeal against EPF dues. Addressing the failure to file within the initial 60-day limit due to personal and medical circumstances, the Tribunal exercised its discretion under Rule 7(2) to condone the delay, as the appeal fell within the extendable further period.
Condonation of delay in filing the appeal is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 1 DELHI
D-1/61/2024 M/s S.P Engineering Products vs. APFC/RPFC Delhi North.
Present: Sh. Rajiv Arora, Ld. Counsel for the Appellant. Sh. S.N. Mahanta, & Sh. Pradeep Kumar Singh, Ld. Counsels for the Respondent.
Order Dated-02.05.2025
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behalf of the appellant that the delay in filing of the appeal has been unintentional and due to the factors/circumstances beyond the control of the appellant.
4. Ld. Counsel for the respondent has filed reply to the misc. application filed for condonation of delay wherein it is stated that the appellant should have explained day to day reason for delay in filing the appeal as condonation of delay should not be treated as a matter of right. It is further stated in the said reply that appellant herein has failed to explain such day to day reason for delay. Respondent further stated that the period of limitation is to be counted from the date of issue of the order and not from the date of receipt of the order as per the provisions of Rule 7(2) of the Tribunal (Procedure) Rules, 1997.
on filing appeal. - (1)….
(2) Any person aggrieved by a notification issued by the Central Government or an order passed by the Central Government or any other authority under the Act , may within 60 days from the date of issue of the notification/order prefer an appeal to the Tribunal:
Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the prescribed period, extend the said period by a further period of 60 days :
Provided further that no appeal by the employer shall be entertained by a Tribunal unless he has [deposited with the Tribunal a Demand Draft payable in the Fund and bearing] 75 per cent of the amount due from him as determined under section 7A:
Provided also that the Tribunal may for reasons to be recorded in writing, waive or reduce the amount to be deposited under section 7-O.
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limitation of 60 days, however, it has been filed in the extended period of limitation of another 60 days which this tribunal is empowered to condone considering the facts and circumstances of the case. Therefore, the application filed by the appellant for condonation of delay is allowed exercising the discretion of this tribunal.
Sd/-
Atul Kumar Garg (Presiding Officer)
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1 issue framed by the court
Whether the Tribunal should condone the delay in filing the appeal beyond 60 days from the date of issue of the order.
2 provisions across 2 enactments
M/s S.P Engineering Products
APFC/RPFC Delhi North
Atul Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Atul Kumar Garg
