AKHTAR HUSSAIN Vs. KISHAN RAM AND ORS.

JUDGEMENT

(1.) PRESCRIBED authority exercising the powers under the provision of Payment of Wages Act was pleased to direct the employer to release wages in favour of the employee ex -parte. Having acquired knowledge about the ex -parte order passed by the Prescribed Authority, petitioner/employer moved application to recall the ex -parte order and to decide the case afresh which was dismissed by the Prescribed Authority vide order dated 16.042013. Rule 8 of Payment of Wages (Procedure Rules), 1937 reads as under: - -

(2.) AS per Rule 8, Prescribed Authority having received an application shall call upon the employer by notice in Form E to appear before him on a date fixed. If the employer or his representative, fails to appear, the Prescribed Authority to hear and determine the application ex -parte. As per Rule 3, if the applicant fails to appear on the specified date, the Prescribed Authority may dismiss the application. As per the proviso to the Rule, ex -parte order passed by the Prescribed Authority can be set aside on showing good cause of remaining absent on the date fixed.

(3.) HAVING perused the application moved by the petitioner before the Prescribed Authority, 1 find that notice sent by the Prescribed Authority was in fact never served on the petitioner/employer, therefore, cause shown seems to be sufficient.