NIDHEERI CHACKO Vs. OUSEPH

JUDGEMENT

(1.) IN this revision,Mr.M.A Joseph,learned counsel for the opposite party before the Authority under the Pay­ment of Wages Act in P.W.C 1/60 challenges the order of the learned District Judge,Ernakulam,rejecting as time -barred an appeal filed by the petitioner being A.S.312/61

(2.) IT is seen that the respondents in this revision filed applications before the payment of wages authority under the Payment of Wages Act,1936,for payment of what according to them was delayed wages.They also claimed compensation to be payable by the management for non -payment of the wages due to them.

(3.) IT is seen from the order of the authority concerned,dated 13th October 1961 that the petitioner -management appears to have been taking time on several occasions;and ultimately it is seen both from the order as well as from the B Diary which has been placed before me that when the matter was posted on 29th September 1961 and was taken up for recording evidence the peti­tioner and her advocate were absent.The petitioner appears to have sent an application making a request for time to engage a counsel.It is also seen that the request was acceded to by the authority and she was given two,week's time as desired.The case was posted to 11th October 1961 for further hearing;and so far as this posting is concerned,there is no controversy,that the petitioner was informed by Registered Post and it is also seen that in that notice the authority appears to have communicated that no further adjournment will be granted and the matter is posted to 11th October 1961 as a last chance.That notice was accepted by the petitioner on 4th October 1961;but she does not appear to have engaged a counsel and she made a further request for adjournment.But it is seen that on 11th October 1961 when the proceedings were again taken up,a request for adjournment made through letter by the petitioner was rejected by the authority and she was set exparte.The evidence on behalf of the respondents was recorded.After all these formalties it is mentioned in the entry on 11th October 1961 to the effect:"Reserved for passing orders " ;.Pausing here for a minute it will be seen that more or less the trial of the application filed by the workers concerned appears to have come to a close on 11th October 1961 and what was left to be done was only the pronouncing of orders by the authority.Admittedly so far as the entries in the B Diary go,there no indication as to when exactly the authority proposes to pass orders in respect of the claim made by the workmen concerned.