DONDAICHA EDUCATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) By consent of both sides, heard finally at the stage of admission.

(2.) This Petition takes exception to the order dtd. 19/7/2018 passed by the Central Government Industrial Tribunal-cum-Labour Court No. 1 in CGIT-1/EPF/294 rejecting the Appeal filed under Sec. 14(B) of the Employees' Provident Funds And Miscellaneous Provisions Act, 1952 (for short 'the Act') on the ground that the Appeal is time barred under Rule 7 of the Employees' Provident Fund Appellate Tribunal (Procedure) Rules, 1997 (for short 'the Rules'), as the same has been filed beyond the period of 60 days from the date of issuance of the order.

(3.) Learned Counsel for the Petitioner submits that the Appellate Authority has failed to take into consideration the averments of the Petitioner/Appellant in the memo of the Appeal, more particularly, clause no. 5 thereof. It is his submission that the facts with regard to the receipt of the order impugned dtd. 30/5/2017 were specifically pleaded. It is his contention that after hearing concluded, the competent Authority had reserved the order and thereafter, there was no communication to the Petitioner with regard to any order passed by the Authority including the order impugned. It is his submission that only after the receipt of the intimation from the Bank of freezing the account, the factum of passing of the order came to the notice of the Petitioner. It is his submission that immediately on 16/1/2018 an Application was moved for obtaining certified copy of the order dtd. 30/5/2017, however, no such order was provided and the order was finally provided on 9/7/2018 pursuant to an application filed under the Right to Information Act, 2005 (for short 'RTI Act'). It is his submission that the period of Appeal ought to have been calculated from the receipt of the order and not from the date of the order.