- (1.) The petitioner management has approached this court impugning the order dated 13.5.2011 passed by the Authority under the Payment of Wages Act, 1936 (for short, 'the Act'), whereby the application filed by the petitioner for setting aside ex-parte order 27.12.2010, was dismissed.
(2.) Learned counsel for the petitioner submitted that number of workers filed applications under the Act, which were being dealt with by the Assistant Labour Commissioner, Mohali, as an Authority under the Act. As the proceedings being conducted by the officer concerned were not fair, transfer of the cases was sought by the management vide letter dated 17.5.2010. Vide communication dated 6.10.2010 of the Secretary, Department of Labour, Government of Punjab, the cases were transferred from Assistant Labour Commissioner, Mohali, to Assistant Labour Commissioner, Patiala. As the workers' union had levelled certain allegations against the Assistant Labour Commissioner, Patiala, earlier, the concerned authority expressed reservation in dealing with the cases in hand. Thereafter, vide memo dated 28.12.2010, the Labour Commissioner, Punjab, recommended to the Chief Secretary, Government of Punjab, for transfer of the cases to Assistant Labour Commissioner (Sadar) in the office of Labour Commissioner, Punjab. Thereafter, the cases were transferred accordingly and presently the proceedings are continuing before the Assistant Labour Commissioner (Sadar) in the office of Labour Commissioner, Punjab, who is holding camp office at Mohali.
(3.) Learned counsel for the petitioner submitted that earlier the cases were transferred from Mohali to Patiala. Thereafter reservation was expressed by the officer concerned at Patiala regarding dealing with the cases. The same were transferred again to Assistant Labour Commissioner (Sadar) in the office of Labour Commissioner, Punjab. The authority at Mohali did not have the jurisdiction to deal with the cases but still it continued with the proceedings and passed the order dated 27.12.2010 directing ex-parte proceedings against the petitioner. The non-appearance of the petitioner before the authority was neither intentional nor willful.;