ASSISTANT PROVIDENT FUND COMMISSIONER Vs. N SHIVANNA

JUDGEMENT

(1.) This revision petition has been filed against the order dated 09.01.2017 passed by State Consumer Disputes Redressal Commission Karnataka, Bangalore ( in short, the State Commission) whereby appeal no. 1540 of 2013 of the petitioner against the order of the District Forum in CC No. 51 of 2013 was dismissed.

(2.) The present revision petition is delayed as per the Registry by 322 days. Alongwith the revision petition, the petitioner has filed an application being IA No. 5096 of 2018 for condonation of delay.

(3.) It is submitted in the application that certified copy of the impugned order dated 09.01.2017 was received on 25.04.2017 by its counsel, who by mistake forwarded the certified copy to some other regional office at Hubli of the petitioner. The Regional Office at Hubli had redirected the certified copy vide its letter dated 02.06.2017 to the office of the petitioner. The case was, thereafter, referred to the panel advocate for the legal advise who vide communication dated 18.08.2017 rendered opinion in the matter. Thereafter, case papers were forwarded to higher authorities i.e. office of the Additional Central Provident Fund Commissioner, Karnataka. Zonal Office for taking up the matter with Head Office, EPF Organization for filing of the revision petition before this Commission. The authorities instructed the petitioner to obtain legal opinion from an independent counsel and the matter was referred to the Standing Counsel of Government of India, who represents Central Government before the Karnataka High Court vide letter dated 08.01.2018. The legal opinion was received from the Central Government Counsel vide communication dated 08.02.2018. Thereafter, vide letter dated 19.02.2018 all the records were sent to RPFC, New Delhi to coordinate with the counsel at Delhi to prepare the file for revision. Vide letter dated 28.02.2018, the Regional Fund Commissioner handed over all the documents to the counsel on 01.03.2018 for preparing the draft of the revision petition. The draft was sent for approval to RPFC and the signed copy of the revision petition alongwith application was handed over to the counsel on 12.03.2018 for filing the same in the Registry of the National Commission. It is submitted that delay of 322 days had occurred due to these reasons and the delay was not intentional and, therefore, delay be condoned. It is also submitted that petitioner has a good case in its favour and every hope to succeed.