- (1.) Aggrieved by order dated 16.04.2007 by which the learned Assistant Labour Commissioner, Jamshedpur has awarded wages amounting to Rs. 7,94,000/, to respondent no. 3 for the period between 01.01.2000 and 10.07.2001 and compensation amounting to Rs. 7,94,000/ and a direction for future payment with effect from 11.07.2001 till respondent no. 3 attains age of 55 years at the rate of Rs. 20,000/ per month as monthly salary with annual retainership of Rs. 4 Lacs per annum with interest at the rate 10% compounding annually, the petitionerSparx Technologies Pvt. Ltd. has filed this writ petition.
(2.) The brief facts stated in the writ petition can be summarised thus ; The petitioner company deals in electronic/computers assembling and distribution. On 19.07.2001, the respondent no. 3 filed a case under Bihar Shops and Establishment Act, 1953 claiming wages from 01.01.2000 to 10.07.2001 with wages till final adjudication of the application and Rs. 4 Lacs per annum. A notice dated 24.07.2001 was issued to the petitioner and the petitioner appeared and filed objections stating that respondent no. 3 was not an employee nor any appointment letter was issued to him. The appointment letter produced by the respondent no. 3 was a forged and fabricated document. The respondent no. 3 has done some odd jobs for the company for which he was paid petty amounts and taking advantage of his access to the office of the petitioner, he illegally used stationery of the company for raising false claim. The parties produced documents and examined witnesses. After 12.12.2006 no notice was issued to the petitioner and therefore, the petitioner did not appear in the proceeding before the Assistant Labour Commissioner, Jamshedpur and order dated 16.04.2007 was passed.
(3.) A counteraffidavit has been filed reiterating the stand taken before the Assistant Labour Commissioner, Jamshedpur.;