KIRAN SIZING Vs. IQBAL AHMED KAMRUDDIN

JUDGEMENT

(1.) THIS Writ Petition, under Article 227 of the Constitution of India, impugns an order of the first Labour Court, Thane dated 3. 1. 1985, refusing to set aside an exparte order dated 22nd april, 1981 made in Application (PWA) No. 191 of 1978, exercising jurisdiction as the authority under the provisions of the Payment of Wages Act.

(2.) THE facts material for disposing of the present petition are as follows:

(3.) ON 10. 4. 1978 the First Respondent issued a notice to the Petitioner-Employer alleging therein that he was an employee of the Petitioner's establishment at Bhiwandi and that he was entitled to certain amounts under the provisions of certain statutes which were alleged to have been wrongfully withheld from him. The Petitioner-Employer, by its reply dated 14th April, 1978, controverted all the allegations in the said notice. It denied that the first Respondent had been or was employed in its Industrial Establishment or that the first respondent was entitled to any amounts as claimed in the notice. The first respondent thereafter filed Application (PWA) No. 191 of 1978 under Section 15 of the Payment of Wages Act. This application was entertained and disposed of by the Authority under the Payment of Wages Act by an ex=parte order dated 22nd April, 1981. By the said exparte order the Petitioner was directed to pay a sum of Rs. 6,315/- together with Rs. 25/- as penalty and Rs. 490/- as Court fee to the State Government.