SUDARSHAN AGARBATTI FACTORY Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) IN all these writ petitions common question is involved. Hence they are being decided by this order.

(2.) THE appellate authority under M.P. Shops and Establishment Act, 1958 passed an order on 29.1.1999 directing the reinstatement along with back wages.

(3.) SHRI Arvind Shrivastava counsel for the petitioner submits that order of recall of setting aside ex -parte order was harsh. The order was set aside on 19.8.1999 and within 15 days by fixing the dates at an early date the order was recalled. Thus, eququate opportunity was not afforded, nor it was mentioned that payment of cost was the condition precedent for further prosecuting the matter. It was not so stated in the order dated 19.8.1999 nor it was made clear in the order 27.8.1999. Whatever that may be when the application was moved showing willingness to make the payment of costs the amendment application should have been considered and the opportunity should have been afforded to cross examine the witnesses.