- (1.) This order will also dispose of Civil Revision Nos. 1661, 1662, 1663, 1664, 1665 and 1666 of 1988 as the question involved is common in all the cases. Originally, an application was filed by the respondents before the authority under the Payment of Wages Act. The respondents (now petitioners) were proceeded ex parte. Later on, application was filed for setting aside the ex parte order. Meanwhile, another application was moved on behalf of the Railway Authority that the Authority under the Payment of Wages Act had no jurisdiction to decide the case and the same be transferred to the Central Administrative Tribunal, Chandigarh. Consequently, the cases were transferred to that Tribunal. However, the Tribunal came to the conclusion that the jurisdiction vests in the Authority under the Payment of Wages Act and consequently sent the case back to the authority concerned. At this stage, the Authority took the view that whereas the respondents were proceeded ex parte and their application dated June 2, 1966, was still pending and that being barred by time, the respondents could not be allowed to contest the application. The plea taken on behalf of the Railway Department that the Tribunal has already accepted their written statement and, therefore, the ex parte proceedings will be deemed to have come to an end, was not accepted. As a result thereof, the earlier application dated June 2, 1986, was dismissed by the impugned order.
(2.) After hearing the learned counsel for the parties, I am of the considered view that the whole approach of the Authority under the Payment of Wages Act was wholly wrong, illegal and misconceived. Once the case was transferred again to the Authority by the Central Administrative Tribunal, Chandigarh, he should have proceeded accordingly after taking into consideration the written statement filed therein. In any case, the application filed on behalf of the Railway Department, dated June 2, 1986, should have been allowed on the facts and circumstances of the case. Consequently, all these revision petitions succeed; the impugned orders are set aside and it is directed that the written statement filed on behalf of the Railway Authorities before the Central Administrative Tribunal be taken on the record and the application be proceeded with in accordance with law. It is also directed that since the matter is pending for the long time, the matter be disposed of expeditiously and, if possible, within six months. The parties have been directed to appear before the Authority concerned on September 4, 1989.;