M/S Scorpios Apparels Pvt. Ltd. v. The Authority Under The Minimum Wages Act, 1948 & ANR

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12580/2018 M/S SCORPIOS APPARELS PVT. LTD.

..... Petitioner Through:

Mr. Sumitra Singhal &Mr. Saurabh Chand, Advocates

Versus

THE AUTHORITY UNDER THE MINIMUM WAGES ACT, 1948 & ANR.

..... Respondents Through:

Mr. Rajesh Manchanda, Advocate for respondent No.1 Mr. Sanjay Ghosh, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 26.11.2018 C.M. 48927/2018 (u/S 151 CPC) Allowed subject to all just exceptions.

W.P.(C) 12580/2018 & C.M. 48926/2018 (for stay) Impugned order of 1st November, 2018 rejects petitioner's application under Order IX Rule 7 CPC read with Section 151 CPC for setting aside ex parte order on the ground that even if Authorized Representative of petitioner was out of Delhi, information ought to have been sent to respondent-Authority.

Mr. Rajesh Manchanda, Advocate for respondent No.1 and Mr. Sanjay Ghose, Advocate for respondent No.2, accept notice. Page | 1

Upon hearing I find that for the lapse of petitioner, the Authority concerned ought to have put the petitioner to terms. Impugned order refusing to recall ex parte proceedings is unduly harsh and is accordingly set aside subject to cost of `10,000/- to be paid by petitioner to second respondent within a week. Upon the cost being tendered to second respondent, order of 16th October, 2018 shall stand recalled and thereafter, petitioner be permitted to file reply to Statement of Claims within two weeks, with a copy furnished to side opposite. A copy of this order be sent to respondent-Authority forthwith, for expeditiously proceeding further.

With aforesaid directions, this petition and application are accordingly disposed of.

Dasti.

(SUNIL GAUR) JUDGE NOVEMBER 26, 2018 r Page | 2