The Regional Provident Fund ... vs Nanalal Bhogilal Panchal
2025 Latest Caselaw 8190 Guj

Gujarat High Court

The Regional Provident Fund ... vs Nanalal Bhogilal Panchal on 21 November, 2025

                                                                                                                   NEUTRAL CITATION




                              C/SCA/15646/2025                                     ORDER DATED: 21/11/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 15646 of 2025
                       ================================================================
                                THE REGIONAL PROVIDENT FUND COMMISSIONER I & ANR.
                                                     Versus
                                           NANALAL BHOGILAL PANCHAL
                       ================================================================
                       Appearance:
                       TARUNA R MAKWANA(7255) for the Petitioner(s) No. 1,2
                       ================================================================
                          CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                         Date : 21/11/2025
                                                          ORAL ORDER

The present writ petition is filed impugning the order dated 10.10.2024 by which the revision petition of the petitioner has been dismissed on the ground of delay of 733 days beyond the limitation period as prescribed for filing the revision petition before the National Consumer Disputes Redressal Commission (NCDRC). The only explanation given in the delay condonation application before the NCDRC is that administrative procedures took time and therefore, the delay had occasioned. Even the present writ petition is filed after a period of more than 1 year from the date of the impugned order. No explanation has been rendered for the delay in filing the present writ petition.

The learned NCDRC has given cogent reasons for dismissing the revision petition on delay and laches. Further, the Apex Court in the case of Shivamma (dead) by Lrs. vs. Karnataka Housing Board and ors. in Civil Appeal No.11794 of 2025 decided on 12.09.2025 has held thus:-

"261. Thus, for the reasons aforesaid, the impugned order of the High Court deserves to be set aside. Before we proceed to close this judgment, we deem it appropriate to make it abundantly clear that administrative lethargy and laxity can never stand as a sufficient ground for condonation of delay, and we want to convey an emphatic message to all the High Courts that delays shall not be condoned on frivolous and

NEUTRAL CITATION

C/SCA/15646/2025 ORDER DATED: 21/11/2025

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superficial grounds, until a proper case of sufficient cause is made out, wherein the State-machinery is able to establish that it acted with bona fides and remained vigilant all throughout. Procedure is a handmaid to justice, as is famously said. But courts, and more particularly the constitutional courts, ought not to obviate the procedure for a litigating State agency, who also equally suffer the bars of limitation from pursuing litigations due to its own lackadaisical attitude."

The present petition is devoid of merits and accordingly, dismissed. No order as to costs.

Sd/-

(ANIRUDDHA P. MAYEE, J.) ABHISHEK/3