MD.QUDDUS ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the petitioner. However, learned counsel for the respondent no.3 is not present. It appears that even on the last date also no one was present on behalf of respondent no. 3 and the matter was adjourned giving one indulgence to the respondent no. 3.

(2.) THIS writ petition has been preferred for quashing the order dated 20.12.2002, Annexure -4 passed by Presiding Officer, Labour Court, Deoghar in Payment of Wages Case No. 01 of 1999 whereby the petitioner has been directed to pay a sum of Rs. 1,32,000 to the opposite party no. 3 within a period of 3 months.

(3.) LEARNED counsel for the petitioner by taking this court to the determination of issue no. 5 has stated that the learned court below itself has, while deciding the issue of relationship of employer and employee categorically stated that the opposite party has denied the appointment of applicant as caretaker and hence, the question of payment does not arise, but the learned court below proceeded to direct the opposite party no. 3 i.e the petitioner to make payment of salary @ 1000/ - per month for the last 12 months along with 10 times the said amount as Penalty.