JODHPUR NAGARPALIKA Vs. JEEVABHAI KARSANBHAI

JUDGEMENT

(1.) . The present petition is filed by Jodhpur Nagarpalika, through its Chief Officer, for quashing and setting aside the order dated 15th April, 1999 passed by the learned Competent Authority of the Labour Court at Ahmedabad in Application No. 145/1999 under the Payment of Wages Act.

(2.) . Mr. A.M. Raval, learned Advocate appearing for the petitioner-Nagarpalika, submitted that the impugned order is passed without any application of mind and dehors the statutory provisions of the Act. He further submitted that the authority under the Payment of Wages Act, without application of mind, has awarded the full amount, which is claimed by the respondent-workman. Mr. Raval invited the attention of the Court to the proviso of sub.section-2 of section-15 which reads as under :

(3.) . In the present case, it is the case that the services of the respondent-workman were, though, not terminated, the respondent-workman did not remain present after 2nd July, 1998 in spite of a registered notice with A.D. given to the respondent-workman. Be that as it may, taking into consideration that the order passed by the authority is without any reasoning, the order dated 15th April, 1999 is hereby quashed and set aside. The matter is remanded to the authority to decide the same afresh in accordance with law. It will be open for both the parties to raise their contentions whichever are available to them in accordance with law. The petition is accordingly, allowed. Rule is made absolute. No order as to costs.