THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.37054 OF 2013

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue a writ, order or direction in the nature of Writ of Certiorari by calling for records in M.W.No.129 of 2012 and declare the ex-parte order in Application No.46/129/2012-E1 dated 04/07/2013 passed by the 1^st respondent as illegal, arbitrary, unsustainable and contrary to provisions of Minimum Wages Act and Rules made there under and consequently quash the same and to pass such other order or orders as this Court deems fit, just and proper in the circumstances of the case…”

2. Heard learned counsel representing petitioner and Ms.Mahalakshmi, learned counsel representing Mr.Gadi Praveen Kumar, learned Deputy Solicitor General for respondent Nos.1 to 3. No representation on behalf of respondent No.4.

3. Learned counsel representing petitioner submits that the petitioner is a proprietary concern engaged in the business of providing housekeeping work and catering service to various offices/establishments depending upon their requirement. The 3^rd respondent herein is one of such customers to whom housekeeping and catering service was provided by the petitioner herein. He further submits that the 2^nd respondent herein is an Inspector under Minimum Wages Act, who filed an M.W. claim application against the petitioner herein vide MW.No.129 of 2012 before the 1st respondent Authority. He further submits that the petitioner herein on receipt of first notice from 1^st respondent Authority was present on 22/1/2013 and also submitted a letter dated 18/1/2013 to the 1^st respondent Authority stating that the petitioner herein provided the housekeeping work for only two hours i.e., from 7-30 A.M. to 9-30 A.M. on all working days and did not engage the persons, whose names were mentioned in the Inspection report. On the first date of hearing i.e., on 22/1/2013 the petitioner informed the 1st respondent Authority that he did not receive the copy of the claim application from the Authority concerned and received notice only, which does not consists of any claim particulars and requested for furnishing of copy of claim petition, so that an elaborate reply can be submitted by the petitioner and thereupon the said Authority directed the 2^nd respondent herein to serve a copy of the claim petition on the petitioner but no such claim petition was served on the petitioner ever.

4. He further submits that the petitioner herein received a second notice from the 1^st respondent Authority on 7/5/2013 and since the representative of the petitioner was out of station on that day he contacted the office of the 1^st respondent Authority and informed about his inconvenience and requested them to inform the 1^st respondent Authority about his inconvenience being out of station and sought adjournment. Thereafter, the petitioner did not have any further communication. He further submits that the petitioner was served with an ex-parte order dated 4/7/2013 directing the petitioner to pay the alleged difference of minimum rates of wages Rs.1,48,921-92 ps together with 10 times penalty amounting to Rs.14,89,219-20 ps totaling to Rs.16,38,141-12 ps by the 1st respondent without any basis, in as much as it does not show that the 2^nd respondent herein gave any evidence or submitted any record in proof of his claim. He further submits that without serving the claim application itself by the 2^nd respondent herein on the petitioner the 1^st respondent Authority passing an ex-parte order dt.4/7/2013 is in gross violation of principles of natural justice. He further submits that non-appearance on behalf of the petitioner herein before the said Authority on the date of hearing i.e., on 7/5/2013 was neither willful nor wanton.

5. He further submits that the employees of the petitioner herein never raised any dispute alleging less payment of minimum rates of wages with the management and in fact, the