EXECUTIVE ENGINEER O AND M JODHPUR VIDYUT VITRAN NIGAM LIMITED Vs. PAYMENT OF WEGES AUTHORITY LABOUR COURT BALOTRA

JUDGEMENT

(1.) Heard learned counsel for the petitioners. Perused the impugned orders passed by the Authority Under Payment of Wages Act dated February 26, 1999 and the appellate order dated July 5, 2003.

(2.) The Authority Under Payment of Wages proceeded ex-parte against the petitioners as nobody appeared on behalf of the petitioners despite service. The petitioners even submitted an application on December 22, 1997 stating that applicants-claimants never worked with them. Even after taking defence in writing, nobody appeared before the Authority under Payment of Wages Act for the petitioners. The Authority under Payment of Wages Act held that applicants are entitled for the arrears of wages, which is Rs. 2,800/- for each workman. The authority also allowed Rs. 500/- as penalty.

(3.) The petitioners preferred appeal before the District Judge Balotra, but without depositing the requisite amount as per Section 17(1-A) of the Payment of Wages Act. The First Appellate Court dismissed the appeal on the ground that the appellants have not deposited the said amount m time. It is further relevant to mention that appeal of the appellant was filed beyond prescribed period of limitation. The First Appellate Court dismissed the appeal of the appellants as the appeal itself was filed late and without depositing the amount awarded.