WP/9172/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9172 OF 2010 Rishabh Instrument Pvt. Ltd., Nashik ... Petitioner V/s. Employees Provident Fund Organization, Nashik & Ors. ... Respondents Mr. Kiran Bapat with Mr. Vipul Bilve i/b. Mulla & Mulla & C.B.C. for the Petitioner. None for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATE : 30 TH NOVEMBER, 2010. P.C. : 1. This Writ Petition has been filed against an order dated 4th October, 2010, passed by the Employees’ Provident Fund Appellate Tribunal, New Delhi, in A.T.A. No.612/9/2010, by which the Employees’ Provident Fund Appellate Tribunal has granted a waiver of the deposit to be made as a precondition for the Appeal to be heard, to a limited extent. The appellant, i.e. the petitioner herein, has been directed to deposit 40% of the assessed amount instead of 75%, as required under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. WP/9172/2010 2 2. In my view, this is a discretionary order which need not be interfered with. Mr. Bapat, the learned Advocate for the petitioner, has relied on a judgment of the Supreme Court in the case of Regional Provident Fund Commissioner, Mangalore vs. Central Arecanut & Coca Marketing and Processing Co-op. Ltd., Mangalore, reported in (2006) 2 SCC 381, in support of his submission that in any event the employees concerned in the notice issued under Section 7A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, are not covered by the said Act as they are trainees. 3. In my opinion, since the order passed is a discretionary one at the preliminary stage, it need not be interfered with. 4. The Writ Petition is rejected.