KAPURAM BHURAJI Vs. PATEL STEEL & RE

JUDGEMENT

(1.) Heard Mr. R.V. Desai, learned advocate appearing on behalf of the applicant. For the reasons stated in the application and considering the averments, supported by affidavit, present application is allowed. The order dated 6.9.2004 is recalled. The main matter is restored to its original file with all attached orders on the date of order dated 6.9.2004. Misc. Civil Application stands allowed. No order as to costs.

(2.) In the present petition, the petitioner has challenged the order passed below Exh.10 in Misc. Application No.43 / 1996 Annexure-F pg.38 dated 2nd Nov., 1996, wherein the exparte order made by the Payment of Wages Authority, has been set aside with cost of Rs. 500.00 and main Payment of Wages Application No.784 of 1994 was restored to the original file. Learned advocate Mr. Desai has submitted that because of pendency of this petition, payment of wages authority did not proceed with the matter and no further proceeding has been initiated though no stay has been granted by this Court against further proceedings before the Payment of Wages Authority. Therefore, the matter remained pending for more than eight years only on the ground of pendency of this petition when there is no stay against further proceedings.

(3.) The Payment of Wages Authority has decided the application filed by the petitioner in absence of the respondent exparte on 19th Oct., 1995 and directed the respondents to pay Rs. 78,564.64 ps to the applicant Shri Kapuraram Bhuraji and Rs. 69,346.47 ps to the applicant Shri Rameshkumar Rataji within one month. This order passed by the Payment of Wages Authority, Ahmedabad below Exh.8 in absence of the respondent, for that, there is no dispute between the parties. The respondent has filed application before the Payment of Wages Authority with prayer to set aside the exparte order. Against the application, reply was filed by the petitioner and ultimately, the Payment of Wages Authority has allowed the application filed by the respondent and set aside the exparte order passed by the Payment of Wages Authority.