1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4814 OF 2009. Regional Provident Fund Commissioner -: versus :- M/s. Universal Transport Services 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 : FEBRUARY 18, 2010. Heard Ms. U.R. Tanna, learned counsel for petitioners and Shri S.R. Bhongade, learned counsel for respondent. One of the grievance is that E.P.F.A.T. has on 11.06.2009 dispensed with pre-deposit under Section 7-O of the Employees Provident Fund and Misc. Provisions Act, without any opportunity to petitioners. Shri Bhongade, learned counsel for respondent points out that the matter is already fixed on 22.02.2010 for hearing on merits and hence, at this stage the Court should not interfere and the matter should be allowed to be decided on merits. However, as it is apparent that the pre-deposit has been waived behind the back of petitioners, in view of the earlier order of this Court dated 6.11.2009 in Writ Petition No. 3277/2009 (Assistant Provident Fund 2 Commissioner .vrs. M/s. O.G. Bajaj Construction), the said order dated 11.06.2009 is quashed and set aside. The Appellate Tribunal shall proceed to hear the parties on issue of waiver of pre-deposit and decide the same in accordance with the law. Shri Bhongade, learned counsel for respondent points out that because of some personal difficulty it is not possible for the counsel to remain present on 22.02.2010. The respondent and petitioners can take suitable and appropriate date for said purpose from the Appellate Tribunal. Subject to this, the impugned order is quashed and set aside. Writ Petition is allowed in the aforesaid terms, with no order as to costs. JUDGE Rgd.