Employees Provident Fund Organisation vs Vandana Garg & Anr

I.A. No. 2998 of 2023. This is an application filed for condonation of delay in filing the Appeal.

The order impugned was passed on 10th April, 2023 and this Appeal has been e-filed on 26th May, 2023. Learned Counsel for the Appellant submits that the Order was uploaded on the website on 17th April, 2023 and the Copy was received by the Learned Counsel for the Appellant only on 18th April, 2023 and the Appeal has been filed with the free copy which was obtained by the Appellant which was shown to be prepared on 08th May, 2023. It is submitted that when the Order was uploaded on 17th April, 2023, the Appellant should have benefit of period from 10th April, 2023 to 17th April, 2023 and if that period is excluded, the delay is only 10 days after expiry of 30 days limitation period.

Learned Counsel for the Respondent refuting the submissions of Appellant contends that limitation shall start running from the date when the order is passed and in the present case, application has been filed for exemption of the certified copy which clearly indicates that no certified copy was ever applied.

We have considered the submissions of Learned Counsel for the parties and have perused the record.

Hon’ble Supreme Court in “V. Nagarajan Vs. SKS Ispat and Power Ltd.” Civil Appeal No. 3327 of 2020, has already settled the issue that limitation shall not depend on the uploading of the Order and Limitation shall start from the date when the order is pronounced in the Court. Thus the submission of the Appellant that benefit should be given to the Appellant from 10th April to 17th April, 2023 when the Order was uploaded, can not be accepted. Our jurisdiction to condone delay is of 15 days only under Section 61(2) proviso. The Appeal being filed beyond 45 days hence it is beyond our jurisdiction to condone the delay. The Delay Condonation Application is dismissed. Consequently, Memo of Appeal stands rejected.