M/S Arihant Offset v. The Authority Under The Minimum Wages Act 1948

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5010/2015 M/S ARIHANT OFFSET ..... Petitioner Through: Mr R.D. Makheeja, Advocate

Versus

THE AUTHORITY UNDER THE MINIMUM WAGES ACT 1948 ..... Respondent Through: Mr Sanjoy Ghose and Mr Yash S. Vijay, Advs. for respondent No.1

CORAM:

HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 19.05.2015 CM No. 9056/2015 (Exemption) Allowed, subject to just exceptions.

The application stands disposed of.

W.P.(C) 5010/2015 and CM Nos. 9055/2015 (stay) Learned counsel for the petitioner seeks permission to withdraw the present petition with permission to move an application for setting aside the ex parte order dated 01.10.2014 before the appropriate authority. It is prayed that one week's time be given to him for moving the application and till then the execution of the impugned order be stayed.

It is argued that ex parte order has been passed against the respondents and the respondents were not duly served which fact is clear from the record of the authority which shows that there was no

report of service before it.

It is also submitted that the petitioner has already been paying more than the minimum wages to respondent No.2. In view of the submissions made by the learned counsel for the petitioner, the permission to move an appropriate application before the concerned authority for setting aside the ex parte order dated 01.10.2014 is granted to the petitioner. The said application be moved within a week and for one week, i.e., till 26.05.2015, the execution of the impugned order dated 01.10.2014 is stayed. The petition stands dismissed as withdrawn.

CM Nos. 9055/2015 also stands disposed of.

Nothing in this order shall tantamount to an expression of opinion on the merit of the case.

Dasti.

DEEPA SHARMA, J MAY 19, 2015 bg