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2003 Supreme(Jhk) 361
M.V. Eqbal, J.
M/s Rocky International – Petitioner
Versus
Union of India and Ors. – Respondents
WPC No. 324/2003
Decided on : 22.3.2003
For the Petitioner: Mr. K.K. Ojha.
For the Respondents: J.C. to SCCG.
Headnote:Minimum Wages Act, 1948—Section 20—Regional Labour Commissioner is not supposed to resort to ex-parte hearing without affording reasonable opportunity of hearing to petitioner—Impugned order set aside—Matter remitted to Commissioner for fresh order in accordance with law. (Para 4)
Heard the parties.
2. The petitioner is aggrieved by the order dated 21.11.2002 passed by the Regional Labour Commissioner, (Central), Patna in M.W. Claim Case No. 194/2000 whereby penalty has been imposed on account of alleged default in making payment of wages to the workers at lesser rate.
3. From perusal of the order it appears that the authority proceeded in purported exercise of jurisdiction under section 20 of the Minimum Wages Act, 1948.
The petitioner appeared and filed reply but because of non-appearance on the date of hearing, the authority concluded the hearing ex parte.
4. Taking into consideration the entire facts of the case and after hearing the parties, I think it proper to remit the matter to the respondent-authority to pass fresh order after giving opportunity of hearing to the petitioner. It goes without saying that the petitioner shall be entitled to take all possible defences including the maintainability of the application. The authority shall pass final order in accordance with law.
5. In this view of the matter this writ application is allowed and the impugned order passed by the Regional Labour Commissioner, Central, Patna is set aside with the direction given above.
