HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.5326 OF 2011 ORDER: The petitioner is a restaurant. The 2nd respondent sought to bring the petitioner under the coverage of Employees’ Provident Fund and Miscellaneous Provisions Act. An order was passed on 27-02- 2004. Challenging the same, the petitioner filed an appeal before the Appellate Tribunal at Delhi, the 1st respondent herein. The appeal was dismissed for default on 15-09-2010. The petitioner states that it has sent a telegram in advance, expressing its inability to attend on the relevant date of hearing and still the appeal was dismissed for default. It filed an application before the 1st respondent with a request to set aside the order, dated 15-09-2010. The appellate Tribunal passed an order dated 24-01-2011 setting aside the order of dismissal of the appeal for default. However, a sum of Rs.5,000/- was imposed as costs. The petitioner feels aggrieved by the same. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. The subject matter of the writ petition is a trivial amount, imposed towards costs. However, the grievance of the petitioner is that even after accepting the plea that a telegram was issued seeking adjournment, the appellate Tribunal imposed the costs. It is also stated that the amount involved itself is about Rupees one lakh, and that by this time, it has incurred huge expenditure in arranging for travelling and staying at Delhi to prosecute the proceedings. 5. Having regard to the facts and circumstances of the case, the Writ Petition is allowed setting aside that portion of the order, dated 24-01-2011, through which, the appellate Authority has imposed costs. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J March 04, 2011. KTL