NAND KISHOR BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the order dated August 26, 1999 passed by the Sub-Divisional Officer-cum-Appropriate Authority under the Minimum wages Act (respondent No. 3) in M. W. Case no. 1/1999, whereby an ex parte order has been passed directing the petitioner to pay Rs. 1,91,915/- to respondent No. 6 as due towards wages of the labourers while working as unskilled labourers in Godda Pirpaithi Road widening without any service of notice on the petitioner and without giving him an opportunity of hearing.

(2.) THE further prayer is for quashing the order dated June 11, 2001 passed by the Addl. Collector-cum-Appellate Authority, Godda underthe said Act in M. W. Appeal No. M. W. 1/1999-2000 whereby disposing of the appeal in a cryptic manner in absence of the petitioner and that too without fixing date of hearing of the appeal to the knowledge of the petitioner and without giving any opportunity of hearing and whereby upholding the said ex-parte order of the S. D. O. , Godda (Annexure-6) and for quashing the illegal and arbitrary order and notice issued by the certificate Officer, Godda, numbered as 9, 10, 11 and 12/2002-2003 (Annexure-7/series ).

(3.) THE counsel for the petitioner submits that it was an ex-parte order against which an appeal was preferred which was barred by limitation and in absence of any condonation application the same should not have been entertained. He has also referred to and relied upon a decision 1987 PLJR 1112 to support his contention.