Dismissed

Chandrachur Deo v. the State of Bihar and Ors.

Patna HC16 Feb 2015CWJC/2452/1998

Case brief

AI extract

What is this about?

In a representationless writ petition, the Patna High Court declined to interfere with the Labour Court's ex-parte order directing the establishment to pay arrear wages. The court held that since notices were sent via registered post and the establishment failed to appear, the ex-parte decision was rightly passed.

What did the court decide?

The petition was dismissed and the ex-parte order of Labour Court Upheld.

Chandrachur Deo Vs the State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.2452 of 1998 =========================================================== Chandrachur Deo son of Late Mathura Prasad, resident of village –Diha, POSadpur, PS-Sahebpur Kamal, District-Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Presiding Officer, Industrial Tribunal, Patna and Appellate Authority under the Minimum Wages Act, 1948. 3. The Presiding Officer, Labour Court, Begusarai and Authority under the Minimum Wages Act, 1948. 4. The Labour Enforcement Officer, Balia, Begusarai 5. Bhism Kumar sonof Surya Mandal, Labour Enforcement Offcier, Balia, Begusarai. .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : For the State : Mr. G.Shankar, AC to GP-6 For Resp. Nos. 6 to 12 and : Mr. Naresh Kumar Sinha 14 to 28

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=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 16-02-2015

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No one appears on behalf of the petitioner. The counsel

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for the State is present.

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In the present case, the matter is arising from Minimum Wages Case No. 11 to 33/94 in which the Labour Court, Begusarai has passed a common order whereby directed for payment of difference of wages amounts to Rs. 10780/-.

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Short fact of this case is that the Labour Enforcement Officer, who is Inspector, under the Minimum Wages Act, filed altogether twenty cases in Labour Court, Begusarai which was

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Patna High Court CWJC No.2452 of 1998 dt.16-02-2015

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registered as M.W.Case No. 11/94 to 33/94 and all the cases were made analogous and after registration of the cases, notices were given to the petitioners in all the cases through the registered cover. When the establishment did not turn up, the case was fixed for exparte hearing. During the proceeding, workmen concerned were examined and they have supported their cases, accordingly, impugned order dated 11^th July 1994 was passed where the authority has computed the difference of arrear of back wages for individual employees and directed for payment and later on, the petitionerestablishment filed Miscellaneous (R) Case No. 2/95 for setting aside the ex-parte order, the Labour Court considered the plea of petitioner-management about non-service of notice upon them taken into consideration, the notices were sent through registered cover with correct address, would be presumed to have reached to its destination, accordingly, the same was rejected. Against that order, the petitioner filed an appeal which was registered as Minimum Wages Appeal No. 2 of 1996 before the Industrial Tribunal, Patna being an Appellate Authority under the Minimum Wages Act there the Tribunal has recorded that the appeal was hopelessly time barred and the same was dismissed.

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Today, no one is present on behalf of the petitioner to press this application and also before the Labour Court the

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Patna High Court CWJC No.2452 of 1998 dt.16-02-2015

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petitioner-establishment did not appear, so much so that employee concerned appeared gave their respective oral evidences before Labour Court, Begusarai and supported their case by the oral evidence. When the management-petitioner did not appear even after notice sent through registered cover, Labour Court has rightly proceeded ex-parte and decided the case against the establishment so much so the amount computed is paltry of Rs. 10870/- only, this

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Court is not inclined to interfere in the matter.

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Accordingly, this petition is dismissed.

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(Shivaji Pandey, J)

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Mahesh/-

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Chandrachur Deo v. the State of Bihar and Ors.

Case brief

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Chandrachur Deo v. the State of Bihar and Ors.

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