GODREJ AGROVET LTD. Vs. RAMDEV SINGH AND ORS.

JUDGEMENT

(1.) This petition has been filed against the order dated 3.11.2014 passed by the District & Sessions Judge, Ajmer in civil misc. appeal No. 03/2014. By the impugned order the District & Sessions Judge, Ajmer as the Appellate Authority under section 17 of the Payment of Wages Act, 1936 (hereinafter 'the Act of 1936') dismissed the petitioner Company's appeal inter-alia on the ground of limitation refusing to condone the delay of 8 years 3 months in its application under section 5 read with section 14 of the Limitation Act.

(2.) Mr. Suresh Sahni appearing for the petitioner has submitted that the Payment of Wages Authority passed an ex-parte Judgment dated 9.9.2004 against the petitioner Company for reasons of the petitioner company's counsel pleading no instructions. In the circumstances, the petitioner company moved an application on 25.1.2005 before the Payment of Wages Authority for recalling the order dated 9.9.2004. The said application was dismissed on 13.6.2005. It has been submitted that the order dated 13.6.2005 passed by the Payment of Wages Authority dismissing the petitioner company's application for recall of the order dated 9.9.2004 was put to challenge before this Court in SBCW P. No. 8737/2005. Initially this Court granted interim protection to the applicant company. However, on the matter coming up before this Court on 14.12.2013, it was dismissed on the ground of petition not being maintainable for reasons of availability of alternative remedy of an appeal under section 17 of the Act of 1936. The petitioner company was allowed to avail its remedy of an appeal under the Act of 1936 along-with an application under section 5 read with section 14 of the Limitation Act for condonation of delay for the period during which the challenge to the order dated 13.6.2005 was pending before this Court in SBCW P. No. 8737/2005. It has been submitted that no sooner the order dated 14.12.2013 was passed by this Court, the petitioner company filed an appeal before the District & Sessions Judge, Ajmer under section 17 of the Act of 1936. The appeal was accompanied with an application under section 5 read with section 14 of the Limitation Act seeking condonation of delay for reasons of the petitioner company in the interregnum having pursued a wrong remedy without availing its right of appeal under section 17 of the Act of 1936.

(3.) Mr. Suresh Sahni appearing for the petitioner company submits that however vide impugned order dated 3.11.2014 the application for condonation of delay has been dismissed. It has been submitted that while passing the order dated 14.12.2013 if the Court had visualized that the delay may not be condoned, it is unlikely that it would have remitted the matter to the Appellate Authority. Counsel termed the dismissal of the appeal on the ground of limitation as a "very hyper technical" approach in the matter and submitted that ordinarily Courts should seek to adjudicate disputes pending between the parties on merits- as then alone justice is rendered. It has been therefore prayed that the order dated 3.11.2014 dismissing the application for condonation of delay in filing the appeal against the judgment dated 9.9.2004 as also the appeal as a consequence be set aside and the matter be remanded to the Appellate Authority for adjudication of the appeal against the determination dated 9.9.2004 by the Payment of Wages Authority on merits in accordance with law.