MOHAMMAD RAFIQ, J. - (1.) This writ petition has been filed by the petitioner, Sodhi Textiles and Home Furnishing (P) Limited challenging order dated 30.10.2012 passed by Authorised Officer, under Payment of Wages Act, 1936, Jaipur City, Jaipur(for short 'the Prescribed Authority') whereby suit filed by Respondent No. 1 has been allowed and the petitioner has been directed to deposit a sum of Rs. 9,000/- along with compensation of Rs. 9,000/-, thus total amount of Rs. 18,000/- within 30 days of the order. Petitioner has been further directed to deposit a sum of Rs. 3,000/- as litigation expenses.
(2.) Respondent No. 1 filed an application under Section 15(2) of the Payment of Wages Act, 1936(for short 'the Act') stating therein that he was appointed as Assistant Salesman in the institution of the petitioner. Respondent No. 1 was getting monthly salary of Rs. 4,500/-, but the petitioner deducted salary for the period from 01.12.2010 to 31.01.2011 and terminated his services on 05.03.2011. After service of notice, the petitioner engaged an advocate, but the Prescribed Authority without giving proper opportunity of hearing to the petitioner initiated ex-parte proceedings and vide impugned judgment dated 30.10.2012 allowed the application of Respondent No. 1 in the terms indicated herein above.
(3.) Learned counsel for the petitioner argued that the Prescribed Authority has gone beyond its jurisdiction while passing impugned judgment. The petitioner has already paid entire salary to Respondent No. 1, therefore, provisions of the Act are not attracted. Penalty imposed by the Prescribed Authority is beyond its jurisdiction prescribed by the Act. It is argued that it has passed the impugned judgment without giving opportunity of hearing to the petitioner, due to which resignation of the Respondent No. 1 could not be produced before the Prescribed Authority to prove that Respondent No. 1 himself left the industrial establishment of the petitioner on his own free will and had already received salary up to 05.03.2011.;