Heard Sri Anurag Khanna, learned counsel for the petitioner and learned Standing Counsel, who has accepted notice on behalf of respondent Nos. 1 and 2.
Issue notice to respondent No.3.
On an application under Payment of Wages Act, the prescribed authority vide order dated 10.9.2001 directed the petitioner to pay a sum of Rs. 1985.25 paise plus Rs.30 as litigation expenses to respondent No. 3. Petitioner preferred an appeal against the said order which was dismissed for non-compliance of the provisions of Section 17 (A) of the Act. Petitioner thereafter moved an application for recall of the order dismissing the appeal annexing the copy of the certificate of deposit dated 30.7.2002 but even the said application was rejected. Accordingly another application for recall of the earlier order was filed which was also dismissed.
The submission of the learned counsel for the petitioner is that the petitioner had deposited the requisite amount by means of a cheque but with the appeal the certificate of deposit was not annexed which led to its dismissal for non-compliance of Section 17-A of the Act. However, with the application for recall, the said certificate was annexed but the authority without taking note of the same rejected the application. In short, he pleads compliance of Section 17 (A) and accordingly, submits that the dismissal of appeal is unjustified and the order is liable to be recalled.
Let counter affidavit be filed by the learned Standing Counsel within a month. Two weeks thereafter are allowed to the petitioner for filing rejoinder affidavit.
List thereafter.
The amount deposited may be released in favour of respondent No.3.
Order Date :- 25.1.2010 S.S.