Allahabad High Court
M/S Benara Autos Pvt. Ltd. vs Prescribed Authority Under The Timely ... on 20 January, 2020
Author: Siddhartha Varma
Bench: Siddhartha Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 41 Case :- WRIT - C No. - 861 of 2020 Petitioner :- M/S Benara Autos Pvt. Ltd. Respondent :- Prescribed Authority Under The Timely Payment Of Wages And 3 Others Counsel for Petitioner :- Piyush Bhargava Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J.
Vakalatnama filed on behalf of the respondent no.2-Engineering Udyog Workers Union be kept on record.
This writ petition has been filed against the order dated 30.7.2019 passed by the Deputy Labour Commissioner, Agra Kshetra, Agra which is the Prescribed Authority under the Uttar Pradesh Peace (Timely Payment of Wages) Act, 1978.
The contention of learned counsel for the petitioner is that the impugned order was passed without any satisfaction being there of the Prescribed Authority that the notices issued for the petitioner were actually served upon it and, therefore, he states that the order is a nullity.
Learned counsel for the respondent no.2, however, states that the petitioner was always aware about the pendency of the proceedings and, therefore, no satisfaction regarding service of notice was essential.
Having regard to the fact that the petitioner was not heard and the principle of natural justice is something which had to be adhered to, the Court finds that the hearing of the petitioner is essential.
Under such circumstances, the order dated 30.7.2019 is set aside. The parties shall now appear before the Prescribed Authority on 24.1.2020 and the Prescribed Authority shall decide the Timely Payment Wages Case No.18 of 2018 within two weeks thereafter.
The writ petition is, accordingly, allowed. Since the order dated 30.7.2019 has been quashed, the consequential proceedings of recovery etc. also stand quashed.
Order Date :- 20.1.2020 GS (Siddhartha Varma, J.)