IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3429 of 2002 BISHWANATH PRASAD GUPTA @ BISHWANATH PRASAD Versus THE STATE OF BIHAR ORS 3 17.11.2009 The petitioner prays for quashing the order dated 8.8.2001 passed by the Deputy Labour Commissioner-cum-the Appellate Authority under the Minimum Wages Act(respondent no.2) in Appeal Case No.1 of 2000 confirming the order dated 7.12.1999 passed by the Assistant Labour Commissioner cum authority under the Minimum Wages Act, Muzaffarpur in Case No.51 of 1996. The husband of respondent no.4 namely Uma Shankar Prasad had originally filed Minimum Wages Case No.51 of 1996 against the petitioner who is the proprietor of M/s Vishal Talkies, Saraiyaganj, P.S. Town, District Muzaffarpur. As the Uma Shankar Prasad died, her wife Mina Devi, respondent no.4, is prosecuting the case. The petitioner filed an appeal before the respondent no.2 which was dismissed. The grievance of the petitioner is that the appellate order is non-speaking order and in similar circumstances in case of the petitioner itself, this court by order dated 24.1.2003 passed in C.W.J.C.No.5169 of 2002 has set aside the similar non-speaking order of the appellate authority. After hearing counsel for the parties, this court is of the view that the impugned order of the appellate authority is not sustainable and as such it is set aside. The matter is remitted back to respondent no.2 who would dispose of the same after issuing notice to - 2 - KHAN respondent no.4. In the result, this application is allowed. (S.P.Singh,J)