Court No. - 59
Case :- WRIT - C No. - 42493 of 2019 Petitioner :- M/S Samiya International Builders Pvt. Ltd. And Another Respondent :- Controlling Authority Payment Of Wages Act And 2 Others Counsel for Petitioner :- Jitendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
By means of instant petition, the petitioners have challenged the order dated 16.3.2019 passed by Controlling Authority under Section 7 of the Payment of Gratuity Act, 1972.
According to the petitioners, the impugned order is an exparte order.
It is recorded in the impugned order that summons were sent to the petitioners by registered post at its office address, but nobody appeared to contest the proceedings.
It is noteworthy that an appeal lies against the impugned order on merits under Section 7 (7) of the Act. Apart from it, in case the petitioners claim that the impugned order was passed without due service of summons upon it, it shall always be open to the petitioners to approach the concerned Authority for recall of the said order. However, no good ground is made out to interfere with the same in exercise of writ jurisdiction.
The petition is accordingly disposed of with liberty to the petitioners to avail the remedy available to it under the statute or to apply for recall.
(Manoj Kumar Gupta, J) Order Date :- 20.12.2019 SL