Veer Arjun Bajaj v. The Presiding Officer Authority Under Payment Of Wages Act Gurgaon & ORS

CWP-3991-2016 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-3991-2016 Decided on : 01.04.2024 Veer Arjun Bajaj . . . Petitioner(s)

Versus

The Presiding Officer, Authority Under the Payment of Wages Act, Gurgaon and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Anupal Singh Tanwar, Advocate for Mr. Abhimanyu Singh, Advocate for the petitioner(s).

Respondents No.2 to 16 - ex-parte vide order dt. 19.09.2023. **** SANJAY VASHISTH , J. (Oral) 1.

By way of present writ petition, petitioner - Veer Arjun Bajaj, has challenged the ex-parte award/orders dated 20.11.2009 (Annexure P-2), passed by the Authority under the Payment of Wages Act, 1936 (for brevity, 'the Act'), whereby, application/Case No.21 of 2009, filed by respondent No.2 - Mam Chand under Section 15(2) of the Act, has been allowed, by holding that petitioner being principal employer of the applicant (respondent No.2 herein), is liable to pay the wages to the tune of Rs.2,55,000/-.

Said amount was ordered to be recovered along with interest @ 12% per annum from the date of order i.e. 20.11.2019. 2.

Petitioner herein (being respondent No.1 before the authority) was proceeded against ex-parte vide order dated 25.08.2009. 3.

Counsel for the petitioner submits that against the ex-parte JAWALA RAM 2024.04.04 13:01 I attest to the accuracy and integrity of this document

CWP-3991-2016 - 2 - order dated 25.08.2009 and the final order dated 20.11.2009, one application was filed and same is still pending without any decision. However, counsel is also not able to dispute the fact that the original order passed by the authority under Section 15(2) of the Act, is assailable in its appellate jurisdiction under Section 17 of the Act.

4.

In view of the facts and circumstances that the application for setting aside of the ex-parte order, as stated by the counsel before this Court, is pending adjudication, and also the aspect that the original order is assailable in its appellate jurisdiction under Section 17 of the Act, I do not find any reason to entertain the present writ petition. Hence, same is dismissed.

However, it will be open for the petitioner to press upon his right of adjudication over the application, as stated by him before this Court, in regard to the setting aside/objection to the ex-parte order, pending before the authority under the Act.

In case, any such application is pending, same be decided forthwith, preferably within a period of two months. Besides, it is also made clear that till the decision of such application, the amount already deposited, would not be disbursed to the employee.

(SANJAY VASHISTH) JUDGE April 01, 2024 J.Ram Whether speaking/reasoned:

 Yes/No Whether Reportable:

Yes/No  JAWALA RAM 2024.04.04 13:01 I attest to the accuracy and integrity of this document