SHANKAR PRASAD GUPTA Vs. SOMSHEKHAR SHUKLA

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner against the order dated 28-3-2005 contained in Annexure P-6 dismissing thereby an application for setting aside ex parte order dated 12-8-2004 passed by the Labour Court (Authority under Minimum Wages Act, Rewa), in Case No. 154/m. W. Act/04.

(2.) IN short, the Labour Inspector (i. e. , respondent) submitted an application for recovery of Rs. 1,19,130/- for being disbursed to the labourers towards wages with interest and penalty. This was allowed ex parte and the petitioner was directed to pay a sum of Rs. 10,830/- towards wages to the labour Kaushal Prasad within 30 days. In case of failure he was directed to pay a sum of Rs. 1,19,130/- which was inclusive often times penalty.

(3.) THE petitioner submitted an application under Order 9 Rule 13, CPC for setting aside the ex parte order on the ground that no notice from Labour Court was served upon and no such notice was tendered/offered to him. The labour, namely, Kaushal Prasad informed the adjoining shopkeepers on 20-8-2004 that he had obtained a decree against the petitioner for huge money from the Labour Court who further disclosed it to the petitioner. Relevant information was collected and an application for obtaining certified copy of the order was submitted on 23rd August, 2004, which was delivered on 2-9-2004. Thereafter on 3rd September, 2004, the application for setting aside the order was submitted on the ground that the petitioner was neither served with any notice nor was aware of any such case. Apart from this, the factual averments made about the employment of Kaushal Prasad were also denied.