THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.22615 of 2009 ORDER: The petitioner is a manufacturer of marine foods, which are supplied to shrimp farms. The Regional Provident Fund Commissioner – the second respondent herein initiated proceedings against the petitioner and brought it under the purview of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (‘the Act’ for short). An order dated 24.08.2009 was passed by the second respondent rejecting the contention of the petitioner. Aggrieved thereby the petitioner preferred an appeal under Section 7-I of the Act before the first respondent. Section 7-O of the Act mandates that an appeal shall be entertained only if the appellant deposits 75% of the determined amount. The Tribunal is conferred with the power to waive the condition as to making the pre-deposit. The petitioner submitted an application with a prayer to waive the condition. Through its order dated 17.09.2009, the Tribunal reduced the pre-deposit amount from 75% to 25%. The petitioner contends that it has become sick in the recent past and that there are strong grounds in the appeal against the order passed by the second respondent. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner is brought under the purview of the Act for the first time through the order dated 24.08.2009. The question as to whether the item manufactured by the petitioner falls into those notified under the Act needs to be considered. Prima facie, it may be noted that the petitioner manufacturers the marine foods, which are exclusively used to feed the shrimp. That item is sought to be brought under the category of cattle feed. Much needs to be said in this regard. Further, the petitioner is said to have become sick. This is not a case where the agency is already brought under the purview of the Act and the dispute is as to the quantum. Hence, the writ petition is allowed and the order dated 17.09.2009 passed by the first respondent insofar it requiring the petitioner to make a deposit of 25% of the determined amount is set aside. The appeal shall be entertained without insisting on any pre- deposit. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J 22nd October, 2009 GHN