1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3520/2010 The Assistant Provident Fund Commissioner, Nagpur -vs- M/s. Munis Forge Limited, Nagpur. 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. DATED : NOVEMBER 23, 2010. Matter was passed over yesterday, as nobody appeared for respondent. Today again none appeared for respondent. Advocate Shri Sundaram for petitioner points out that order dated 09/06/2009 passed under Sec.7-A of Employees Provident Fund and Miscellaneous Provisions Act, 1952 has been challenged on 21/08/2009 in appeal under Sec.7-I thereof before Employees Provident Fund Appellate Tribunal. On 14/09/2009 without hearing petitioner, the delay in filing appeal has been condoned and stay has been granted to the execution of orders passed in Sec.7-A. According to learned counsel, delay could not have been condoned without notice and opportunity of hearing to the petitioner. Order dated 5th November, 2009 passed by this Court in Writ Petition No.3122/2009 in identical circumstances, is pointed out with prayer to direct E.P.F.A.T. to reconsider prayer for condonation of delay and 2 also to direct petitioner to deposit some amount as amount in excess of Rs.9,00,000/- is found due and recoverable from him as a result of section 7-A enquiry. The fact shows that petitioner was not heard before condoning delay. The said order is therefore unsustainable. Accordingly, order dated 14/09/2009 is quashed and set aside. Normally while filing appeal under Sec.7-I the employer is supposed to deposit amount of 75% as pre-deposit. The position in this matter is not very clear. If such amount is not deposited, the petitioner shall deposit amount equal to 50% of amount claimed as a result of Section 7-A enquiry with E.P.F.A.T. within a period of four weeks from today. If such amount is deposited, E.P.F.A.T. shall proceed further to consider the prayer for condonation of delay and after giving opportunity to respondent, to oppose it, pass further appropriate orders in the matter. The impugned order dated 14/09/2009 is quashed and set aside. The parties are directed to appear before E.P.F.A.T. on 15th December, 2010 and to abide its further directions accordingly. Rule is made absolute accordingly. No costs. JUDGE Khunte