GH RASOOL WANI Vs. GH MOHD WANI

JUDGEMENT

(1.) IN view of the importance of the questions and because of the divergence of opinion amongst various High Courts in the country on the points involved, the reference has been made by a Division Bench of this court to this Bench for determination by the Full Bench, the questions as to, whether the Authority appointed by the State Government under Section 15 Payment of Wages Act, is a civil court; and, whether the said Authority is subject, to revisional jurisdiction of the High Court under section 115 C.P.C.

(2.) THE facts of the case are brief and simple. On an application field by one Gh. Mohd. Wani before the Asstt. Labour Commissioner, Anantnag for the recovery of the arrears of wages from one Gh. Rasool Wani, a summon was issued to the respondent through a local Newspaper for his presence. The respondent was then summoned by a notice in registered cover -but he remained absent and the Authority proceeded against him in ex parte and after recording statements of some of the witnesses gave a direction in terms of sub -section 3 of Section 15 of the Payment of Wages Act, for the recovery of an amount of Rs. 5400 from the said respondent on 2 -4 -1975. It was on 11 -4 -1975 that the respondent presented himself before the Authority and submitted an application for setting aside the ex parte direction against him and prayed that he may be heard. The Authority, however, rejected his application. That order of the Authority is impugned in this petition.

(3.) THE petition in the beginning was lodged both under section 115 CPC as well as under Art. 227 of the Constitution of India read with Section 104 of the Constitution of J&K State, but at the time of admission of the petition, it was submitted and the court agreed with the submission that the petition be treated only as an application in revision and not a writ petition under the Constitution. This was repeated during the arguments and therefore, hearing was confined to the maintainability of the petition under the Code of Civil Procedure.