JATINGA TEA LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present Writ Petition under Article 226 of the Constitution of India is preferred assailing an Order, dtd. 16/12/2013 passed by the Assistant Labour Commissioner, Cachar, Silchar (the Respondent No.3) as an Authority under the Payment of Wages Act, 1936 in Case No. PW.06/2011. By the Order, dtd. 16/12/2013, the Respondent No.3, that is, the Authority under the Payment of Wages Act, 1936 rejected a Petition filed by the Petitioner under Order 9 Rule 13 r/w Sec. 151 of the Code of Civil Procedure (CPC), 1908, as amended, seeking setting aside of an Order, dtd. 2/5/2013 passed ex parte against the Petitioner by the said Authority in Case No.PW.06/2011.

(2.) A brief narration of the background events leading to the passing of the Order, dtd. 16/12/2013 appears necessary at the inception.

(3.) On receipt of the said application under Order 9, Rule 13 of r/w Sec. 151, CPC, the Authority under the Payment of Wages Act, 1936 after hearing the Petitioners' side, had rejected the same by the impugned Order, dtd. 16/12/2013 on the ground that there was no provision under the Payment of Wages Act, 1936 to consider the application under the provisions of Order 9, Rule 13 r/w Sec. 151, CPC for re-opening the case after passing the Final Order. The Authority had further made a direction that the Order, dtd. 2/5/2013 would continue to stand.