DIRECTOR, URBAN LOCAL BODIES Vs. ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) The appellants have filed the instant Letters Patent Appeal against judgment and order dtd. 27/11/2018 passed by the learned Single Judge in the petition OW104 No. 82/2017 titled 'Director Urban Local Bodies Jammu and Ors. vs. Assistant Labour Commissioner Doda and Anr.', filed under Sec. 104 of the Constitution of Jammu and Kashmir, treated by the learned Single Judge as the one filed under Sec. 226 of the Constitution of India, against the order dtd. 29/12/2014 passed by the Assistant Labour Commissioner, Doda and order dtd. 30/12/2015 passed in appeal by the District Sessions Judge, Bhaderwah, whereby the writ petition has been dismissed.

(2.) The case of the appellants before the writ court was that the award passed by the Assistant Labour Commissioner, Doda-Respondent No. 1 in favour of the respondent No. 2 was based on false and fictitious claim made by the respondent No. 2 of an alleged work of ganda nallah from the house of Hussain Dandh upto Jamia Masjid Bhaderwah, which was never executed on spot, nor the allotment was made by any one in favour of the respondent No. 2.

(3.) It is contended by the appellants in the appeal that the respondent No. 2 made a claim before the respondent No. 1 under the Payment of Wages Act for an amount of Rs.1,13,790.00 and in addition to this a compensation of Rs.10,000.00 was also claimed, however, the respondent No. 1 has passed an award for an amount of Rs.2,18,790.00 in favour of the respondent No. 2 in ex parte, without hearing the appellants herein; the appellants moved an application for setting aside the ex parte award dtd. 29/12/2014 along with the application for condonation of delay on 10/2/2015 before the respondent No. 1, which was rejected on 30/12/2015; thereafter the appellants also filed an appeal along with an application for condonation of delay before the court of learned District Judge, Bhaderwah which was also dismissed along with the appeal on 27/2/2017 on the ground that the provisions of Sec. 5 of the Limitation Act are not applicable to the present proceedings; the appellants challenged the award as well as the judgment and order passed by the learned District Judge, Bhaderwah dtd. 27/2/2017 before the learned Single Judge, which was also dismissed vide judgment dtd. 27/11/2018.