SBCWP No.3784/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.3784/2009. Dinesh Chand Agrawal Vs. Authority Appointed under the Minimum Wages Act & Ors. Date of Order:- April 15, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri L.L. Gupta and Shri Hemendra Goyal for the petitioner. ****** BY THE COURT:- This writ petition has been filed by the petitioner aggrieved by the recovery certificate dated 10/11/2007. 2) Learned counsel for the petitioner has argued that this recovery certificate has been issued on the basis of the order dated 22/11/1995 passed by the Prescribed Authority under the Minimum Wages Act which in fact was an ex-parte award by which it was directed that amount of Rs.12,464.24 and Rs.8,290.80 shall be paid by the petitioner as overtime allowance to the respondents as well as amount of compensation of Rs.99,745.99. This ex- parte award was set-aside vide order dated 23/7/1997. Subsequently, however, a fresh order was passed by the Authority on 28/9/1999 dismissing the restoration application of the petitioner and on SBCWP No.3784/09. 2 that basis, recovery certificate has been issued. It is submitted that once ex-parte order dated 22/11/1995 was set-aside and the proceedings were revived, there can be no basis for again enforcing such order. The order dated 28/9/1999 rejecting restoratioin application has no meaning because no restoration application as such was filed by the petitioner and that in any case, in the face of fact that earlier ex-parte order was set-aside, the Authority was required to pass a fresh order of recovery. 3) If what is stated by the petitioner is correct, this indeed is an error apparent on the face of record. Petitioner should at first instance approach the Prescribed Authority by filing review/recal application of the order dated 28/9/1999 and for consideration of proceedings on merits. If any such application is filed by the petitioner within a period of 45 days before the Prescribed Authority, it shall after due notice to the opposite party decide the matter on merits. For the period of 45 days, the auction proceedings against the petitioner shall remain stayed and a fresh order with regard thereto shall be passed by the Prescribed Authority. With the above directions, the writ petition is disposed of. anil (MOHAMMAD RAFIQ), J.