Chain Singh vs The Authority Under Payment Of ...
2022 Latest Caselaw 14471 MP

                                                                         1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                              ON THE 9th OF NOVEMBER, 2022

                                                            MISC. APPEAL No. 147 of 2003

                                               BETWEEN:-
                                               CHAIN SINGH, S/O SHRI NATTHU SINGH, AGED
                                               ABOUT 48 YEARS, R/O VILLAGE LOHARA
                                               (LINGS). TAH. & DISTT. BALAGHAT (M.P.)

                                                                                                     .....PETITIONER
                                               (NONE)

                                               AND
                                       1.      THE AUTHORITY UNDER THE               MINIMUM
                                               WAGES ACT BALAGHAT (M.P.)

                                       2.      THE LABOUR INSPECTOR, BALAGHAT (M.P.)

                                                                                                  .....RESPONDENTS
                                               (NONE)

                                             Th is appeal coming on for hearing this day, t h e court passed the
                                       following:
                                                                          ORDER

This appeal is filed under the provisions of order 43 Rule 1(r) of CPC

being aggrieved of order dated 05.12.2002 passed by an authority under Minimum Wages Act, Labour Court, Balaghat in case no.7/2002 MW (Miscellaneous) (Chain Singh Vs. Labour Inspector) on the ground that three cases were registered against the petitioner, he is naive, he had no time to engage a counsel, therefore, he pleaded guilty, as a result authority under the Minimum Wages Act imposed fine of Rs.200/- and 300/- cumulatively. Signature Not Verified SAN

Case No.12/2001 was decided on 08.05.2001 ex-parte. When he gathered Digitally signed by MOHD TABISH KHAN Date: 2022.11.10 10:38:40 IST

information about the same, an application under Order 9 Rule 13 CPC was

filed before the authority but that authority refused to allow the application, hence this Miscellaneous Appeal.

Learned Labour Court has recorded a specific finding that in original case number 12/2001 Minimum Wages Act after service of notice on 31.08.2001, non applicant had appeared and sought time to file reply. Time was granted on 28.09.2001, 31.10.2001, 28.11.2001, 31.12.2001, 29.01.2002, 27.02.2002 and thereafter ex-parte proceedings were drawn on 29.04.2002, thereafter, case was fixed for applicant evidence on 02.05.2002 but he did not appear, as a result arguments were heard and case was fixed for judgment.

It is also mentioned that appellant has produced receipts dated

04.07.2002 in case No.42/01 and 43/01 which reveals that he had knowledge about the pendency of case No.12/2001.

In view of said facts that no cogent reason was given for setting aside the ex-parte proceedings, learned Labour Court refused to set aside the ex-parte proceedings.

Perusal of the order and the record reveals that there is no illegality in the impugned order calling for interference in the appellate jurisdiction of this Court as no ground is made out to show any malafide of the Court or bonafide non appearance of the appellant before the learned prescribed authority.

Appeal fails and is dismissed.

Record of the Lower Court be sent back.

(VIVEK AGARWAL) Signature Not Verified SAN JUDGE Tabish Digitally signed by MOHD TABISH KHAN Date: 2022.11.10 10:38:40 IST