EX ENGINEER Vs. MOHD SULTAN GANIE

JUDGEMENT

(1.) IMPUGNED are the orders dated 29.4.2006 and 20.6.2006 passed by the Authority under Payment of Wages Act. Pursuant to order dated 29.4.2006 delay in filing the application for wages has been condoned and at the same time an amount of Rs. 1,14,000/ - deducted wages together with compensation of Rs. 30,000/ - has been ordered to be paid to the respondents. Petitioner had participated in the proceedings but subsequently had absented, resultantly ex parte order came to be passed. For setting aside the order dated 29.4.2006 application has been filed by the petitioner, which too has been dismissed, pursuant to order dated 20.6.2006.

(2.) THE precise factual position is required to be noticed.

(3.) ACCORDING to positive stand of the petitioner, while allotting the work it was made clear that no excess work shall be allowed without approval from the Competent Authority. The Contractor not adhering to that, has executed the excess work, same has been taken up with the Director Rural Development department and Assistant Commissioner Development vide No. xen/REW/Baramulla/1940 dated 21.10.2003 and No. xen/REW/Baramulla/1717 -19 dated 30.7.2005 and the contractor has been asked to follow the matter before the Director Rural Development. This position is reflected in the communication bearing No. xen/REW/Baramulla/561 -64 dated 29.5.2006 addressed by the petitioner to the authority under the Payment of Wages Act.