ARMY GOLF COURSE Vs. UOI

JUDGEMENT

(1.) The present writ petition has been filed by the Petitioner/Army Golf Course, invoking the extraordinary jurisdiction of this Court under Article 226 read with Article 227 of the Constitution of India assailing the Order dtd. 16/11/2000 passed by the learned Employee Provident Fund Appellate Tribunal, New Delhi (hereinafter referred as "Tribunal") in the appeal No. ATA 170 (4) 2000 titled Army Golf Course versus Regional Provident Fund Commissioner., seeking the quashing of the Order dtd. 16/11/2000 passed by the learned tribunal whereby the application of petitioner seeking condonation of delay in filing the appeal was dismissed, for being time barred.

(2.) By the Impugned Order, the learned tribunal dismissed the appeal filed by the petitioner against the Order dtd. 31/3/2000 under sec. 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as, "EPFMP Act") on account of the appeal being time barred holding that it is not within the power of the learned tribunal to condone the delay beyond 60 days as prescribed in the tribunal procedure rules, 1997.

(3.) The relevant facts for adjudication of the present petition as emerging from the record are that the petitioner /Army Golf Course, is a non-profit regimental institution functioning under Headquarters Delhi Area. The institution was founded by the Chief of Army Staff to provide sporting facilities to serving and retired Defence Officers. Membership and subscription charges are nominal, and the petitioner asserts that no profit-making activity is carried out.