STATE OF RAJASTHAN Vs. RAJENDRA SAMARIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The respondent workman filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 alleging that he has been appointed as a Class IV Servant by the Deputy Chief Medical and Health Officer on August 1, 1988 at Rs. 700 per month with usual allowances admissible under the Rules in the pay scale of Rs. 700 to 865 for a period of six months. He further alleged that he is continuing in the service and that he has not been paid an salary since the date of his appointment and asked for quantification of the amount payable to him from August 1, 1988 to December 31,1989. The application was made on January 2,1990. In the application, the Chief Medical and Health Officer, and Deputy Chief Medical and Health Officer were made parties.

(3.) It appears that at initial Stage, the representative of the respondents appeared in the Court after the notices were served on them before April 16, 1990. After April 26, 1990, it appears neither the counsel nor the party itself appeared on the next two dates and on January 26, 1991 (sic) the proceedings were ordered to be proceeded ex parte. On February 14, 1991, an affidavit was filed in support of the claim. On March 7, 1991, the counsel for the respondent appeared and requested time to file application for setting aside the order to proceed ex parte, however, no application for setting aside the ex parte order was filed until October 11, 1993. During this period, the claimant was required to furnish the detail of the amount claimed by him, which was filed on September 17, 1992. Ultimately, the order was made on April 13, 1993 accepting the claim of the claimant.