SHASHI SHARMA Vs. LABOUR CUM CONCILIATION OFFICER

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 28.1.2011 passed by Respondent No. 1 vide which application filed by the Petitioner for setting aside ex parte order dated 27.2.2009 has been dismissed and further directing Respondent No. 1 to decide the main case on merit, after hearing both the parties.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by Respondent No. 1, i.e., Labour -cum-Conciliation Officer, Circle 2, Jalandhar-cum-Authority under the Payment of Wages Act, 1936 (hereinafter to be referred as 'Authority') .

(3.) Facts relevant for the decision of present revision petition are that Respondent No. 2 filed an application under Sub-Section 2 of Section 5 of Payment of Wages Act, 1936 (hereinafter to be referred as 'the Act') read with Section 45 of the Building and other Construction Workers (Regulation of Employment & Service Conditions) Act, 1996, (hereinafter to be referred as 'the Act 1996') for claiming an amount of 70,000/-on account of payment wrongly withheld as per the provisions of Sub-Section 3 of Section 15 of the Act read with the Act 1996 together with such compensation as the Authority may deem fit. The application is Annexure P1.