DECCAN ENTERPRISES Vs. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents to condone the delay of 294 days in filing the Appeal against the Order No. PDC/PC/688/Regl./2012 dtd. 25/9/2012 before the 1st respondent Tribunal and consequently direct the 1st respondent to entertain the Appeal to be filed by the petitioner.

(2.) The prayer itself shows that the writ petitioner had not filed any Appeal against the order dtd. 25/9/2012. However, the delay was calculated based on the date of filing of the writ petition. Such a calculation of delay Itself is erroneous. The delay should be calculated from the date of the order i.e., 25/9/2012 and the date of filing of the Appeal. However, it is admitted by the writ petitioner that no appeal was filed even at the time of filing of the writ petition. In the absence of any appeal, the question of considering the delay in filing the appeal would not arise at all.

(3.) The fact remains that the order dtd. 25/9/2012 issued by the 1st respondent remains unchallenged and even as of now, the writ petitioner has not preferred any appeal against the said order. Contrarily, the present writ petition is filed to condone the delay of 294 days, calculating the delay from the date of issuance of the order till the date of filing of the writ petition. Such a calculation of delay is certainly erroneous and impermissible in law. In the absence of filing of any statutory appeal under the provisions of the Act, the question of filing the petition to condone the delay would not arise at all.