SARWAN SINGH DHIMAN Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The relief yearned for in the instant writ petition appertains to quashing of the order dtd. 25/7/2018, whereby the application filed by the petitioner for condonation of delay in filing the appeal was dismissed by the competent authority on the ground that it lacks jurisdiction to condone delay beyond 120 days.

(2.) Admittedly, there was delay of 337 days in filing the appeal.

(3.) Learned counsel for the petitioner, relying upon Sec. 7A(4) of the Employees ' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the "EPF Act"), contends that where an ex parte order has been passed, the limitation period begins from the date of communication of the order, and the officer/authority may be approached within three months thereafter for setting aside such ex parte order. It is submitted that, in the present case, although the petitioner participated in the proceedings before the authority concerned, the order was never communicated to him.