1 SB CW No. 7885/2010 M/s. Super Ex-Servicemen Vs Emloyees PF Appellate Tribunal & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Civil Writ Petition No. 7885/2010 M/s. Super Ex-Servicemen Welfare Co-operative Society Limited Versus Employees Provident Fund Appellate Tribunal, New Delhi & Others. 28.05.2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. Om Prakash Sheoran, for the petitioner. Heard learned counsel for the petitioner. 2. An order under Section 7-A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 was passed against the petitioner, which was challenged directly before this Court by filing S.B. Civil Writ Petition No. 1834/2009 which was decided by this Court vide order dated 22.03.2010 whereby it was directed that in case appeal is preferred by the petitioner within 30 days from today alongwith an application for waiver of the amount to be deposited under Section 7(o), the Tribunal may consider for waiver of the amount for maintainability and be examined on merits of the appeal. 2 SB CW No. 7885/2010 M/s. Super Ex-Servicemen Vs Emloyees PF Appellate Tribunal & Ors. 3. In pursuance of observation/direction of this Court, the Employees Provident Fund Appellate Tribunal, New Delhi(hereinafter referred to as 'the Tribunal') vide its order dated 30.04.2010(Annexure-11) has admitted the appeal of the petitioner and directed the petitioner to deposit 30% of the assessed amount as per the impugned order with the respondent within two months. Rest of the amount has been stayed by the Tribunal. Being aggrieved with the said order, present writ petition has been preferred by the petitioner. 4. Submission of learned counsel for the petitioner is that the petitioner is not in position to deposit even 30% of the amount determined vide impugned order, therefore, impugned order dated 30.04.2010 is liable to be set aside. 5. I have considered the submissions of learned counsel for the petitioner. The petitioner being not in a position to deposit the amount in question cannot be treated as sufficient ground for quashing the impugned order passed by Tribunal. The Tribunal while 3 SB CW No. 7885/2010 M/s. Super Ex-Servicemen Vs Emloyees PF Appellate Tribunal & Ors. exercising its powers has passed an order, which is a discretionary order. The Tribunal has already stayed 70% of the recovery and has only directed to deposit 30% of the amount determined vide the impugned order and also granted two months' time for the same. In these circumstances, this Court is of the view that impugned order passed by the Tribunal appears to be reasonable and no interference in the same is called for. Order passed by the Tribunal cannot be said to be without jurisdiction. 6. There is no error apparent on the face of the impugned order, so as to interfere with the same. There is no merit in the writ petition and the same is, accordingly, dismissed in limine. (Narendra Kumar Jain),J. Manoj Item No.11.