GANGANAGAR SAHAKARI UPBHOKTA WHOLESALE BHANDAR LTD. Vs. PRESCRIBED AUTHORITY UNDER THE RAJASTHAN SHOPS & COMMERCIAL ESTABLISHMENTS ACT AND OTHERS

JUDGEMENT

(1.) The petitioner is a co-operative society registered under the Rajasthan Cooperative Societies Act. It had an agency of liquid petroleum gas pertaining to Indian Oil Corporation. It engaged Shankerlal respondent No. 2 as casual workman w.e.f. 5-10-93 for checking gas cylinders of the consumers for 58 days. His term was extended from time to time after giving some breaks and ultimately his services were discontinued after 2nd April, 1994. Respondent Shankerlal therefore filed a complaint under S. 28-A of the Rajasthan Shops and Commercial Establishment Act, 1958 (for short the Act of 1958) before the Prescribed Authority under the Act. The petitioner-society who was given notice appeared before the Prescribed Authority but reply was not filed and thereafter nobody appeared on its behalf. Ex parte proceedings were held on the complaint. After recording the evidence of Shanker Lal, the Authority passed award on 24-10-94 directing the petitioner society to reinstate Shankerlal in service and pay him back wages. Thereafter the petitioner society filed an application before the Prescribed Authority on 24-11-94 to set aside the ex parte award. The same was dismissed. The petitioner society has challenged the orders Anx. 4 and 5 in this writ petition.

(2.) It has been averred that Shankerlal respondent had not completed six months service and therefore no orders could be passed under S. 28-A of the Act of 1958. It has been stated that the Prescribed Authority has committed an error in rejecting the application dated 24-11-94 on the ground of limitation. It has been prayed that the order dated 24-10-94 be quashed.

(3.) Reply has not been filed by the respondent No. 2.