Waghere College, Saswad vs Assistant Provident Fund Commissioner
2026 Latest Caselaw 215 Bom

Bombay High Court

Waghere College, Saswad vs Assistant Provident Fund Commissioner on 9 January, 2026

Author: Amit Borkar

Bench: Amit Borkar

2026:BHC-AS:909
                                                                                           9-wp-9753-2015.doc


                          Shabnoor
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO.9753 OF 2015
                                                           WITH
  SHABNOOR                                  INTERIM APPLICATION NO.3477 OF 2021
  AYUB
  PATHAN                                                    IN
   Digitally signed by
   SHABNOOR AYUB
   PATHAN
                                               WRIT PETITION NO.9753 OF 2015
   Date: 2026.01.09
   19:06:30 +0530

                          Waghere College, Saswad                          ... Petitioner
                                     V/s.
                          The Assistant Provident Fund
                          Commissioner                                     ... Respondent

                          Mr. K S Bapat, Sr. Advocate a/w T. R. Yadav i/b Desai &
                          Desai Associates, for the Petitioner.
                          Ms. Nidhi Chauhan             i/b   Arsh   Mishra,     for    the
                          Responodent APFC.


                                                         CORAM       : AMIT BORKAR, J.

                                                         DATED       : JANUARY 9, 2026
                          P.C.:

1. By this writ petition under Article 227 of the Constitution of India, the petitioner challenges the judgment and order passed by the Presiding Officer, Employees' Provident Fund Appellate Tribunal, New Delhi, whereby the petitioner's appeal came to be dismissed on the ground of limitation. As recorded in the impugned order, there was a delay of approximately nine months in filing the appeal.

2. This Court, in Naval K. G. School, Under Navy Education Society vs. Regional Provident Fund Commissioner, 2023 SCC OnLine Bom 2180, had an occasion to consider the provisions of

9-wp-9753-2015.doc

Rule 7(2) and has held that a delay up to 120 days can be condoned upon showing sufficient cause.

3. In the facts of the present case, the delay is of about nine months, which is clearly beyond the period of 120 days. Therefore, in view of the judgment of the Coordinate Bench of this Court in Naval K. G. School (supra), the order passed by the Appellate Tribunal calls for no interference. The writ petition is accordingly dismissed.

4. In view of the disposal of the writ petition, the interim application does not survive and is disposed of accordingly.

(AMIT BORKAR, J.)