C.R No.3817 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R No.3817 of 2009 Date of Decision: 27.01.2010. Sushil Kumar Sinha .……Petitioner Versus M/s Murthal Tanks and Vessels Pvt. Ltd. ……Respondent Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. N. S. Panwar, Advocate for the petitioner. Mr. S. S. Chatrath, Advocate for the respondent. L. N. MITTAL, J (ORAL) Workman Sushil Kumar Sinha has filed this revision petition under Article 227 of the Constitution of India assailing order dated 28.01.2009 passed by the Authority under the Payment of Wages Act, Circle I, Faridabad (in short, the Authority) whereby application moved by respondent-M/s Murthal Tanks and Vessels Pvt. Ltd. for setting aside ex parte order dated 11.12.2007 in proceedings initiated by petitioner herein under the Payment of Wages Act (in short, the Act) ordered against the respondent herein (respondent No.2 in the application filed the petitioner before the Authority) has been allowed. Respondent No.2 filed application (Annexure P-6) dated 14.07.2008 for setting aside ex parte proceedings ordered vide order dated 11.12.2007 by alleging that no notice of the application filed by the petitioner herein was received by respondent herein. The petitioner opposed the application by filing reply (Annexure P-7). The C.R No.3817 of 2009 -2- learned Authority vide impugned order dated 28.01.2009 allowed the application and set aside ex parte proceedings ordered vide order dated 11.12.2007 and the consequent ex parte order dated 18.03.2008 against respondent herein subject to payment of Rs.500/- as costs. Feeling aggrieved, the workman has filed the instant revision petition. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner vehemently contended that the respondent was duly served in the main case instituted by the petitioner and there was no ground for setting aside the ex parte proceedings. Reliance in support of this contention has been placed on a judgment of Allahabad High Court in the case of State of U.P. Versus Presiding Officer, Payment of Wages Officer, Varanasi and others, 2003-III-LLJ263. On the other hand, learned counsel for the respondent contended that no notice of the main application was served on the respondent herein and, therefore, ex parte orders have been rightly set aside by the Authority by passing impugned order. I have carefully considered the rival contentions. The Authority has observed in the impugned order that summons issued to respondent herein in the main case for 11.12.2007 was duly received, but the summons does not depict as to who had received the same. On the other hand, affidavit in support of application (Annexure P-6) was filed by the respondent, alleging that no summons was served on the respondent herein. In these C.R No.3817 of 2009 -3- circumstances, impugned order passed by the Authority, setting aside ex parte orders against the respondent herein, cannot be said to be suffering from any perversity or illegality so as to warrant interference at the hands of this Court in exercise of power of superintendence under Article 227 of the Constitution of India. The Courts always lean in favour of setting aside the ex parte proceedings and adjudication of lis on merit. In the case of 2003-III- LLJ263 (supra), writ petition had been filed challenging the order of the Authority and it was observed that writ petition without filing appeal was not tenable. Moreover, in that case, the Authority recorded the finding that the employer did not appear inspite of service. In the instant case, however, the finding of the Authority is to the contrary. However, keeping in view all the circumstances, the amount of costs imposed by the Authority needs to be enhanced to some extent. In view of the aforesaid, finding no merit in the instant revision petition, the same is hereby dismissed except that the respondent herein shall pay Rs.2500/- as costs instead of Rs.500/- as directed by the Authority in the impugned order. ( L. N. MITTAL ) JUDGE 27.01.2010 A. Kaundal