EPFO

Time barred appeals can not be entertained under Article 226 by High Court

Time barred appeals can not be entertained under Article 226 by High Court

ABCAUS Case Law Citation:
ABCAUS 1115 (2017) (02) HC

Important Case Laws Cited/relied upon:
Commissioner of Custom and Central Excise v. Hango Indian Pvt. Limited

M/s Hindustan Times vs. Union of India
Panopharma vs. UOI  

Brief Facts of the Case:
The petitioner was a private limited company and was an employer within the meaning of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (The Act). The company was running into heavy losses continuously for many years. Ultimately the company was locked. During the relavnt period even the salary of the employees for approximately three years were paid after availing loans from various financial agencies. In view of the above, the petitioner company was not able to pay EPF Contribution for two years within the stipulated time.

Consequently, Assistant Provident Fund Commissioner (“Respondent”) initiated proceedings against the petitioner company for the realisation of damages with interest. Aggrieved by the notice, the company preferred Memorandum of Appeal and petition for condonation of delay in filing the appeal before the Employee Provident Fund Appellate Tribunal (Tribunal). However the Tribunal rejected the same observing that the appeal was filed after the expiry of statutory period.

Aggrieved by the order of the Tribunal, the company challenged the order of the Tribunal before the High Court.

Observations made by the High Court:
The Hon’ble High Court observed that in an earlier judgment it had dealt with the question whether the fact that a party whose remedy by way of appeal, under Statute is barred by the period prescribed thereunder, is a reason by itself, to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India.

The Court observed that it was not the case of the petitioner company that the proceedings were initiated in violation of the Statute or principles of natural justice. Also it was not a case that the statutory remedy was not effective. Further there was no infringement of fundamental right.

In view of the above the Court opined that when the appeal was dismissed, as barred by limitation, the Court also could not entertain the appeal under Article 226, in a different way.

Held:
The Hon’ble High Court declined the jurisdiction and the petition was dismissed.

Download Full Judgment

Share

Recent Posts

  • Income Tax

ITAT allows remuneration paid by wives of CA partners for their services rendered in firm

Remuneration paid by CA firm to wives of CA partners for their services rendered allowed in the absence of any…

7 hours ago
  • Income Tax

When assessee did not opt yes or no to receive notices by email, such notices were no service

When assessee did not opt yes or no to receive notices by email, such notices amounted to no service In…

9 hours ago
  • Income Tax

CIT(A) should have considered detailed statement of facts before dismissing appeal

CIT(A) should have considered the details statement of facts filed before him before dismissing the appeal of the assessee observing…

9 hours ago
  • ICSI

Empanelment of General Observers for ICSI Examinations June 2026. Last date 28.04.2026

Empanelment of General Observers for ICSI Examinations June 2026 ICSI has invited interested members to enroll as General Observers for…

1 day ago
  • CA CS CMA

Engagement of Young Professionals CA for assistance in ITAT representation

Income Tax Department Pune is engaging Young Professionals CA for assistance in ITAT representation With a view to augment departmental…

2 days ago
  • Concurrent Audit

IDBI online application for empanelment of Concurrent Auditor. Last date : 27.04.2026

IDBI invites application for empanelment of Chartered Accountant firms as Concurrent Auditor for FY 2026-27 IDBI Bank has invited online…

2 days ago