BRIDGE AND ROOF COMPANY Vs. H K PRASAD

JUDGEMENT

(1.) AN application filed under Section 15(2) of the Payment of Wages Act by Shri H. K. Prasad, Inspector of Factores, was dismissed on 21-4-69 under Rule 8(3) of the Bihar Payment of Wages Procedure Rules, 1965, hereinafter called the rules. The case has been restored by the Sub-Divisional Magistrate, Begusarai, the authority under the Act, by his order dated 7-1-70. The employer has come up in revision to This Court under Section 115 of the Code of Civil Procedure.

(2.) THE argument put forward on behalf of the petitioner is that the application for restoration was barred under the proviso to Sub-rules (2) and (3) of Rule 8 of the Rules and that no statement was there before the Authority either on affidavit or on oath in Court to satisfy it that a good cause has been shown for restoration of the case dismissed for default.

(3.) RULE 8 of the RULEs reads as follows: