Heard learned Advocate Shri. Wachasunder at length. Perused the record annexed to appeal and on the record of writ petition.

2. The respondent had done the assessment of amount of contribution dues recoverable from the employer by order dated 23-10-2008. An amount of Rs.8,43,023/- was found due for a period October, 2004 to March, 2007.

3. The appellant challenged the order of Assessment passed by the respondent no. 1 before Employees Provident Fund Appellate Tribunal.

In that appeal, the appellant filed the application for waiver of deposit. The application for waiver was allowed by the authority by order dated 17-11-2008.

4. The order of grant of waiver of deposit was challenged by the respondent before the Single Judge of this Court.

5. It is seen that the appellant bad appeared in the writ petition and filed affidavit-in-reply/submission and participated in the hearing through Advocate.

The Single Judge of this Court had thus heard the writ petition.

6. The learned Single Judge accepted the contention of the writ petitioner that though name of Shri. R. R. Rajesh Advocate has been mentioned as an Advocate appearing for the respondent, and the application was allowed on 25-2-