- (1.) Heard learned counsel for the petitioners and the learned counsel for the respondents.
(2.) It has been submitted by the learned counsel for the petitioners that an ex parte order for payment of wages under Section 33-C(2) of the I.D.Act has been passed directing the petitioner- Company to pay a sum of Rs.67,571.66 paise to the workmen. It is submitted by the learned counsel for the petitioners that although there is an order of the court dated 1.7.2004 that since the registered notices, which were sent to the employer, returned back with note "not met" and hence the case was fixed for ex parte hearing and order was passed, which is bad in law, as the note "not met" does not mean to tender the registered notice to the employer of their agent. In that view of the matter, the order is bad in law and liable to be set aside and the matter may be remanded back for fresh hearing.
(3.) Learned counsel appearing for the respondent- workmen has contested the same and stated that since the notice was refused , ex parte order has been passed.;