JAI BHARAT AUTO INDUSTRIES Vs. AUTHORITY APPOINTED UNDER THE MINIMUM WAGES ACT
LAWS(P&H)-2013-11-2
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 07,2013

Jai Bharat Auto Industries Appellant
VERSUS
Authority Appointed Under The Minimum Wages Act Respondents

JUDGEMENT

PARAMJEET SINGH, J. - (1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.07.2005 passed by the authority under the Minimum Wages Act, Circle Karnal, whereby application moved by the petitioner for setting aside the exparte order dated 14.12.2000 and order dated 22.01.2001 has been dismissed.
(2.) BRIEF facts relevant for disposal of this revision petition are that Labour Inspector under the Minimum Wages Act initiated proceedings against the petitioner. The petitioner was proceeded against ex -parte vide order dated 14.12.2000 and final ex -parte order was passed on 22.01.2001. Thereafter, the petitioner moved an application on 21.03.2005 for setting aside the ex -parte order dated 14.12.2000 and final order dated 22.01.2001 which has been dismissed vide impugned order dated 11.07.2005. Hence, this revision petition. I have heard learned counsel for the parties and perused the record.
(3.) LEARNED counsel for the petitioner contended that ex -parte order dated 14.12.2000 is against the provisions of law and has specifically made reference to Rule 29(1) of the Punjab Minimum Wages Rules, 1950 (as applicable to Haryana) (hereinafter referred to as the "Rules"), which reads as under: - "29. Appearance of Parties ­ (1) If any application under sub -section 20 or Section 21 is entertained, the Authority shall serve upon the employer by registered post a notice in Form IX to appear before him on a specified date with all relevant documents and witnesses, if any and shall inform the applicant of the dates so specified." ;


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