IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 219 of 2010(B) ----------------------------------- PETITIONER: ------------------- B.PEETHAMBARAN,PROPRIETOR,BHARAT EMPLOYMENT,MASS TOWER,CHIRAYINKEEZHU ROAD, ATTINGAL. BY ADV. MR.LIJOY P.VARGHESE. RESPONDENTS: ------------------------ 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION,PATTOM PALACE.P.O,THIRUVANANTHAPURAM-4. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER,EMPLOYEES PROVIDENT FUND ORGANISATION, PATTOM PALACE.P.O,THIRUVANANTHAPURAM-4. 3. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,LAXMI NAGAR,NEW DELHI. R1 TO R3 BY SMT. T.N. GIRIJA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.219 of 2010 ---------------------------------------- Dated 5th January, 2010 JUDGMENT The main prayer in this writ petition is for a direction to the third respondent Appellate Tribunal to take on record the appeal filed by the petitioner after condoning the delay in filing such appeal. The pleadings disclose that aggrieved by Ext.P1 order passed by the second respondent way back on 11.12.2008, the petitioner has filed an appeal recently before the third respondent Appellate Tribunal. Ext.P1 is an order passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Under Section 7I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 an appeal lies from an order passed under section 7A of the said Act. Sub section (2) of Section 7I stipulates that appeal shall be filed in such form and in such manner and within such time as may be prescribed by the rules. Rule 7 of the Employees' Provident Funds Appellate Tribunal (Procedure) Rules, 1997 stipulates that the appeal shall be filed within 60 days from the date of issue of the order appealed against. The delay if any in filing the appeal can be condoned if the delay does not exceed 60 days. In other words, as per Rule 7 the Employees' Provident Funds Appellate Tribunal (Procedure) WP(C).No.219/2010 2 Rules, 1997, the Appellate Tribunal can entertain an appeal only if it is one filed within 120 days from the date of issue of the order which is appealed against. 2. In the instant case, the order appealed against was passed on 11.12.2008. More than one year has passed thereafter. The petitioner does not challenge the validity of Rule 7 of the Employees' Provident Funds Appellate Tribunal (Procedure) Rules, 1997. In such circumstances, as the Appellate Tribunal is not empowered to condone the delay of more than 60 days in filing the appeal, the reliefs prayed for by the petitioner cannot be granted. This Court has in Thomas Thomas v. Kottayam Municipality (2008 (3) KLT 964) held that exercising jurisdiction under Article 226 of the Constitution of India, this Court cannot compel any authority to act in excess of the powers conferred on it. The Appellate Tribunal cannot therefore be directed to condone the delay of more than 60 days in filing the appeal, entertain the appeal and pass orders thereon. I accordingly hold that no grounds have been made out to entertain this writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS