SIRI CHAND Vs. RAM DHAN AND ANOTHER

JUDGEMENT

(1.) This revision petition is directed against the order of the Authority under the Payment of Wages Act, dated 17th Dec., 1987, whereby the application dated 20th Aug., 1987, for setting aside the ex parte order dated 23rd July, 1987, was dismissed.

(2.) On 23rd July, 1987, the Authority under the said Act, ordered ex parte proceedings against the respondent and 78th Aug., 1987, was the next date fixed. The application was to be filed that day and was ready with the petitioner, but since the Authority was not holding the Court, the case was adjourned to 23rd Sept., 1987. On that day, again the Authority was not holding the Court and the case was adjourned to 11th Oct. 1987. That day, application was filed for setting aside that order. The said application has been dismissed on the ground that it was barred by time.

(3.) The learned counsel for the petitioner submitted that it was an application under Order IX Rule 7, Code of Civil Procedure, (hereinafter called the Code) and there was no limitation for such an application. The view taken by the Court in this behalf was wholly wrong and illegal. In support of the contention, the learned counsel relied upon Tirlok Singh Vs. Ganga Devi, 1983 (1) Rent L.R. 688.