- (1.) Both the petitions have been filed by petitioner assailing two separate orders passed by Prescribed Authority under Payment of Wages Act, 1936 dt.29th December, 2009.
(2.) Respondent-workmen Nos.2 to 58 filed application for payment of their salary and over time wages by filing application u/s.15(2) of Payment of Wages Act, 1936 before the Prescribed Authority. Initially after written statement was filed by the petitioner who indisputably is their Contractor under whom respondent-workmen had worked, filed two misc. applications for taking certain documents on record which were rejected by Prescribed Authority vide order dt.11th August, 2009. Against which, the petitioner preferred CWP No.10210/09 and while issuing notice, by interim order this Court directed the Prescribed Authority to take note of the documents referred to in two misc. applications and may proceed further in accordance with law.
(3.) In compliance of interim order of this Court, the Prescribed Authority vide order dt.30/09/09 has taken on record the documents referred to by the petitioner in two misc. applications, of which reference has been made by this Court in CWP No.10210/09. It has also been observed by the Prescribed Authority under its order dt.30th September, 2009 that the relevant records for the period from 01/01/09 to 28/02/09 may summon from SMS Hospital for adjudication of the dispute. It appears that thereafter, at the stage when the Officer of SMS Hospital was examined, the present petitioner also cross-examined the witness and at this stage, petitioner filed further application for summoning of the records from SMS Hospital in view of earlier order of the Prescribed Authority dt.30th September, 2009. Both the applications were rejected by the Prescribed Authority vide order dt.29th December, 2009 and matter has been posted for hearing after closing the defence evidence.;