S.Suresh vs The Authority Under The Minimum ...
2021 Latest Caselaw 17496 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE A.M.BADAR
     THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                       WP(C) NO. 16926 OF 2021
PETITIONER:

          S.SURESH
          AGED 45 YEARS
          M/S. S.M.SILKS & SAREES, MARKET ROAD, CHANGANASSERY
          P.O, KOTTAYAM AGED 45 YEARS, S/O. LATE D. SREERAMAN
          NAIR AVANI HOUSE, SDV ROAD, BEHIND PADIPURA, ALAPPUZHA
          DISTRICT, PIN - 688001.

          BY ADVS.
          K.S.HARIHARAPUTHRAN
          BHANU THILAK



RESPONDENTS:

    1     THE AUTHORITY UNDER THE MINIMUM WAGES ACT (DEPUTY
          LABOUR COMMISSIONER)
          OFFICE OF THE DEPUTY LABOUR COMMISSIONER, ETTUMANOOR,
          P.O, KOTTAYAM.

    2     ASSISTANT LABOUR OFFICER,
          LABOUR OFFICE, CHANGANASSERY P.O, KOTTAYAM.


OTHER PRESENT:

          SMT.SABEENA P. ISMAIL.,GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16926 OF 2021
                                      2

                                   JUDGMENT

Heard both sides. Perused the impugned order.

2. The learned Government Pleader submits that the authority

has no power to condone the delay in the light of provisions of Rule 33 of

the Kerala Minimum Wages Rules, 1958. The learned counsel for the

petitioner submits that the application for setting aside the ex-parte

order is well within limitation.

3. I have considered the submissions so advanced and perused

the materials placed before me. Undisputedly, on 10.03.2021, an ex-

parte award came to be passed. The petitioner herein applied for setting

aside that ex-parte award by preferring an application on 12.04.2021 as

reflected from the impugned order at Ext.P3. The 1 st respondent

however rejected that application for setting aside the ex-parte order on

the ground that the application is not in tune with the provisions of the

Rules as it is not filed within one month of the order.

The order directing the petitioner to pay minimum wages is

undisputedly passed on 10.03.2021. As per provisions of Sub Rule 4 of

Rule 33 of the Kerala Minimum Wages Rules, 1958, the ex-parte order

can be set aside by showing sufficient cause by the defaulting party WP(C) NO. 16926 OF 2021

within a period of one month of the date of such order. In the case in

hand, the date of the order is 10.03.2021 and the petition for setting

aside the ex-parte order was filed on 10.04.2021. In normal course, the

period of one month lapses on 09/04/2021. However, 10 th April and 11th

April 2021 were saturday and sunday. Undisputedly as reflected from

the impugned order, application for setting aside the ex-parte order was

preferred on 12.04.2021. Thus, it cannot be said that the application for

setting aside the ex-parte order is barred by limitation. The impugned

order as such cannot be sustained and the same is quashed and set

aside. The application is remanded to the 1 st respondent for deciding the

same afresh by treating the same as within limitation. The petition is

accordingly allowed.

SD/-

A.M.BADAR JUDGE Nsd WP(C) NO. 16926 OF 2021

APPENDIX OF WP(C) 16926/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD DATED 10.03.2021 IN MWA 24/2014 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 10.04.2021 FILED IN MWA (24/2014) BEFORE THE 1ST RESPONDENT ALONG WITH THE POSTAL RECEIPT.

Exhibit P3 TRUE COPY OF THE ORDER DATED 02.08.2021 ON EXT.P2 APPLICATION.

//TRUE COPY//

PA TO JUDGE