1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2519 OF 2010 (Assistant Provident Fund Commissioner, Nagpur vs. M/s. Vishal Constructions) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 18, 2010. Heard Shri Sundaram, learned counsel for the petitioner and Shri Dandekar, learned counsel for the respondent. The order challenged is dated 10.08.2009 and writ petition has been filed on 08.02.2010. This Court has issued notice on 10.06.2010. After hearing Shri Sundaram, learned counsel, it appears that the effort is to demonstrate before this Court that present matter is different from other matters in which the pre-deposit has been waived. Shri Sundaram, learned counsel has also urged that the orders of such waiver cannot be passed ex-parte. Shri Dandekar, learned counsel, on the other hand, is attempting to point out some defects in enquiry under Section 7-A of the Employees Provident Fund & Miscellaneous Provisions Act, 2 1952 (hereinafter referred to as the Act). After hearing respective counsel, I find that said enquiry under Section 7-A was sought to be reviewed and orders under Section 7-B of the Act are again against the respondent. Those orders are then question in appeal under Section 7-I of the Act before the Employees Provident Fund Appellate Tribunal. As pre-deposit has been waived before more than one year, I am not inclined to go into the merits of the controversy. The petitioner is given an opportunity to raise all contentions before the Employees Provident Fund Appellate Tribunal. The grievance of the learned counsel is that such orders are being passed in several matters mechanically and behind the back of the petitioner. The grievance cannot be gone into in this matter and said grievance is kept open for consideration in appropriate proceedings. If the petitioner moves an application for directing the respondent to comply with the provisions of Section 7-O of the Act, the Employees Provident Fund Appellate Tribunal shall decide the same on its own merits on the facts of its case, after hearing the respective sides. The impugned order dated 10.08.2009 and its finding shall not come in its way while deciding the said application. 3 If said application is filed within four weeks from today, the same shall be decided by the Employees Provident Fund Appellate Tribunal within a further period of eight weeks thereafter. Writ Petition is accordingly disposed of with these directions. No order as to costs. JUDGE *GS.