KRISHNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents. The petitioner prays for quashing of the order dated 6.7.2010 contained in memo no. 2897 dated 8.7.2010 passed in Minimum Wages Appeal No. 3 of 2009 by which respondent no. 2 has dismissed the appeal.

(2.) The petitioner filed a petition under Section 22 of the Minimum Wages Act (hereinafter referred to as 'the Act') before the Assistant Labour Commissioner-cum-Authority, Bettiah (respondent no. 3) for payment of his wages. After hearing the parties, the said respondent no. 3, granted an Award of Rs. 21,600/-. The petitioner preferred an appeal being Minimum Wages Appeal No. 3 of 2009 before the Labour Commissioner which was finally heard by Joint Labour Commissioner-cum-Appellate Authority, (Minimum Wages). As the appeal was filed beyond the period of limitation, a petition for condonation of delay was also filed. The appellate authority observed that the appeal was time barred as neither the party nor his lawyer appeared before the court for four days.

(3.) It appears from the impugned order that the appellate authority has not dismissed the appeal for non-prosecution but he has touched the merit of the case. It appears that no reason has been assigned for accepting the case of the respondent save and except that the petition filed by the petitioner before the Sub-Divisional Officer and the Chief Judicial Magistrate were defective.