SARDAR CHARANJIT SINGH Vs. ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners, learned Standing Counsel for the Respondents Nos.1 & 3 and Shri Shobhit Nigam, learned Counsel for the Respondent No.2.

(2.) The instant Petition has been filed challenging the Orders, dtd. 14/1/2019 and 9/12/2022 passed by the Assistant Labour Commissioner under the provisions of the Payment of Wages Act, 1936 (hereinafter referred to as the Act, 1936), a copy of the said orders are Annexures 1 & 2 respectively to the Petition. A further prayer is for quashing of the recovery citation issued by the Respondent No.3.

(3.) The case set forth by the Petitioners is that an Application under Sec. 14 of the Act 1936 was filed by the Respondent No.2. No notice of the said application was served upon the Petitioners and the matter was decided ex parte vide the Order, dtd. 14/1/2019. It is only when the recovery notice was issued by the authority and the same was served upon the Petitioners that they came to know about the ex parte Order, dtd. 14/1/2019. The Petitioners immediately filed an application for recall of the said order which has been rejected by means of the Order, dtd. 9/12/2022.