- (1.) Heard Sri Jamal Ahmad Khan, learned counsel for the petitioner and learned Standing Counsel appearing for the State -respondents.
(2.) This writ petition has been filed for issuing a writ of certiorari quashing the orders dated 18.9.2015 and 27.3.2002 passed by the Prescribed Authority under Minimum Wages Act/Deputy Labour Commissioner, U.P. Varanasi Region, Varanasi in Minimum Wages Case No. 442 of 2001. Vide order dated 27.3.2002, the case filed under section 20(2) of the Minimum Wages Act, 1948 (in short the Act) regarding non -payment of minimum wages has been allowed and an amount of Rs. 4,49,976/ - was directed to be deposited along with damages to the tune of Rs. 22,49,880/ - (total of which comes to Rs. 26,99,856/ -); whereas by the order dated 18.9.2015, the restoration application filed by the petitioner seeking recall of the order dated 27.3.2002 has been rejected as barred by time.
(3.) While assailing these orders, learned counsel for the petitioner submits that the petitioner was never served with notice issued by respondent no. 1 and the case had proceeded ex parte and the impugned order dated 27.3.2002 was passed without considering the case of the petitioner. It is contended that the petitioner came to know about the order of the Prescribed Authority only in May, 2015 and immediately thereafter, filed restoration application, but the same has been rejected. It is submitted that the Prescribed Authority has erred in rejecting the petitioner's application as barred by time as the application was within time from the date of knowledge of the order dated 27.3.2002. It is further submitted that the alleged workmen were never employed with the petitioner and they were the employees of Pashu Ahar Nirman Shala, therefore, on the basis of false claim, the damage has been imposed upon the petitioner.;