The petitioner has challenged the the order dated 16.12.09 passed by the Prescribed Authority under the Payment of Wages Act, 1936. The submission of learned counsel for the petitioner is that the aforesaid order is an ex parte order and the petitioner was never served any notice before passing the said order. The petitioner has already moved an application dated 6.1.2010 before the Prescribed Authority for recall of the above order on the ground that he was not served before the passing of the order. Otherwise also the petitioner has an alternative remedy of filing an appeal against the said order under section 17 of Payment of Wages Act, 1936. In view of the aforesaid facts and circumstances, I decline to exercise my discretionary jurisdiction in the matter at this stage and leave it open to the petitioner either to pursue his petition to recall the above order or to challenge the said order by means of appeal.
In this view of the matter the writ petition is finally disposed of with the direction to the Prescribed Authority to consider and decide the petitioner's application dated 6.1.2010 in accordance with law as expeditiously as possible preferably within a period of one month from the date of the production of the certified copy of this order which the petitioner undertakes to file within two weeks'.
It is further provided that for a period of two months from today or till the disposal of the recall application aforesaid by the Prescribed Authority whichever may be earlier, no recovery pursuant to the impugned order shall be made from the petitioner.
Order Date :- 22.6.2010 SR