1. RULE. Mr. Niral Mehta, the learned advocate appearing for the respondent waives service of rule. Considering the facts of the case, the matter is taken-up for final hearing.

2. THE petitioner has filed this petition under Articles 226 and 227 of the Constitution of India, praying for quashing and setting aside the order dated 16th April 2010 passed by the Appellate Tribunal in ATA 469(5)/2007 and the order dated 16th May 2007 passed by the learned Assistant Provident Fund Commissioner under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as, 'the Act').

This Court issued notice on 30th July 2010. Pursuant to the said notice, Mr. Niral Mehta, the learned advocate appears on behalf of the respondent.

3. IT is the case of the petitioner that the petitioner had a factory situated at Odhav, Ahmedabad. The petitioner was engaged in manufacturing of electrical motors and monoblocks/centrifugal pumps. The petitioner was covered under the provisions of the Act and the petitioner had been allotted Code No.GJ/1844. The petitioner was incurring heavy losses, lost financial sub-stratum and, therefore, it was closed after