ORDER Per Shantanu Kemkar. J. 1. By filing petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 16.5.2011 (Annexure P-5) passed by the Employees’ Provident Fund Appellate Tribunal (for short the Tribunal) New Delhi in A.T.A. No. 381 (8)/2004 and also the order dated 15.9.2011 (Annexure P-7) passed by Tribunal in review application. 2. Briefly stated the petitioner had challenged the order dated 28.4.2004 passed by the Assistant Regional Provident Fund Commissioner, Ujjain under section 7A of the Employees’ Provident Funds and Miscellaneous. Provisions Act, 1952 (for short the Act of 1952) by filing an appeal before the Tribunal. As the Tribunal was not functional the petitioner filed a writ petition No. 746/2004 before this Court for quashing the order dated 28.4.2004 as also for interim relief. The said writ petition was disposed of by the learned Single Judge vide order dated 17.6.2006 in following terms:- “I, however, wish to dispose of the petition finally keeping in view the observations of Delhi High Court in one of the identical case reported in 2005 (104) FLR 876, M/s Old Village Industries Ltd., Vs. Asstt. Commissioner of Provident Fund. by giving following directions which shall be complied with by the parties pending appeal before the Tribunal:- (i) The petitioner shall furnish bank guarantee to the extent of Rs. One Lac in favour of respondent No. 1 towards disputed dues in question within a period of one month from today. (ii) The bank guarantee so furnished shall be kept alive so long as appeal is pending by the petitioner. (iii) The appeal shall be heard within three months from the date of Appellate Tribunal starts functioning by the learned President officer. 5. The petitioner shall produce copy of this order before the Registrar of Tribunal within a week so as to enable him to place the same in record of the case which will enable the Tribunal to dispose of the appeal as directed. 6. In the event of petitioner not furnishing the bank guarantee as directed within the time period, the stay shall stand automatically vacated. Needless to observe that Tribunal shall decide the appeal on merits in accordance with law and after affording an opportunity to the petitioner.” 3. 6. In the event of petitioner not furnishing the bank guarantee as directed within the time period, the stay shall stand automatically vacated. Needless to observe that Tribunal shall decide the appeal on merits in accordance with law and after affording an opportunity to the petitioner.” 3. Thereafter, the Tribunal vide order dated 16.5.2011 (Annexure P-5) dismissed the appeal holding it to be not maintainable as the appellant could not show that he has complied with the order of pre-depoit. Thereafter, the review petition filed by the petitioner also suffered dismissal vide order dated 15.9.2011 (Annexure P-7). 4. According to the learned counsel for the petitioner, in view of the directions contained in the order dated 17.6.2006 passed by the writ Court, the petitioner was under an impression that it has to furnish only the Bank-guarantee and no pre-deposit is required to be made. In the circumstances he prayed that in order to do complete justice in the matter some time be granted to deposit the amount of pre-deposit and the appeal be directed to be decided on merits. 5. Learned counsel for the respondent on the other hand submitted that the petitioner having not complied with the requirement of pre-deposit the Tribunal has committed no error in dismissing the appeal and the review petition. 6. Having considered the submissions made by the learned counsel for the parties, we are of the view that the petitioner having complied with the order dated 17.6.2006 passed by this Court about furnishing of the Bank Guarantee in order to do complete justice, it would be appropriate to dispose of this writ petition with liberty to the petitioner to deposit 50% of the amount assessed by the 7-A authority on or before 5.12.2012. On such deposit being made the Tribunal shall restore the petitioner’s appeal to its original number and shall decide the same as expeditiously as possible in accordance with law. Parties to appear before the Tribunal on 6.12.2012.