IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1245 of 2010 1. BHARTIYA JIVAN BIMA NIGAM DAINIK MAJDOOR KARAMCHARI SANGH THROUGH ITS PRESIDENT MURARI PRASAD AT BHARTIYA JIVAN BIMA NIGAM 'JEEVAN PRAKASH'(LAUH KUTIR), FRAZER ROAD, PATNA-1 2. MURARI PRASAD S/O SRI SHYAMDEO PRASAD R/O OF-C/O OFFICE OF THE BHARTIYA MAJDOOR SANGH, ROAD NO.1, QUARTER NO.1, GARDANIBAGH, PATNA, P.S.GARDANIBAGH,DISTT-PATNA, PRESIDENT BARTIYA JIVAN BIMA NIGAM DAINIK MAJDOOR KARAMCHARI SANGH Versus 1. THE STATE OF BIHAR 2. THE LABOUR COMMISSIONER -CUM -APPELLATE AUTHORITY BIHAR MINIMUM WAGES ACT, 1948, GOVT. OF BIHAR, PATNA 3. ASSISTANT LABOUR COMMISSIONER-CUM-AUTHORITY MINIMUM WAGES ACT,1948, PATNA DIVISION, PATNA 4. LABOUR SUPERINTENDENT -CUM-INSPECTOR MINIMUM WAGES ACT,PATNA 5. SENIOR DEVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE OF THE L.I.C., FRAZER ROAD, PATNA 6. SRI ANANDI PRASAD S/O NOT KNOWN MANAGER (LAW) AUTHORIZED LEGAL ADVISOR , LIFE INSURANCE CORPORATION OF INDIA , DIVISIONAL OFFICE OF THE L.I.C.,FRAZER ROAD, PATNA ----------- 2. 29.03.2011 Heard learned Counsel for the petitioners and the learned Counsel for the Life Insurance Corporation of India. The petitioners filed Minimum Wages Case No. 10 of 2008 alleging payment of remuneration below the minimum rate. It was allowed on 29.8.2008. The LIC preferred Appeal No. 33 of 2008 which in turn has been allowed on 18.11.2009. The petitioners specifically asserted in their writ petition at Para 8 that the appellate authority did not issue any show cause notice to them and they were not heard before the appellate order has been passed. Counsel for the LIC submits that the petitioners had filed an application for revision before the appellate authority. The revision application appears to have been rejected on grounds of lack of competence to entertain revision application. That is entirely a different matter. There is no recitals in the appellate order dated 18.11.2009 that notices were issued to the petitioners, that they had failed to respond to the notice much less any discussion of their stand. 2 Only for the reason that the appellate order dated 18.11.2009 is exparte depriving the petitioners of the benefit of order dated 29.8.2009 the appellate order is set aside. The matter is remanded to the Appellate Authority to fix fresh date of hearing and after hearing both sides pass a fresh reasoned and speaking order. Nothing in this order shall be deemed or constr5ued as any opinion, observation or consideration of merits of the appellate order which remains to be decided afresh in accordance with law. The appellate authority is expected to dispose of the matter afresh in the aforesaid manner preferably within a maximum period of four month from the date of receipt and or presentation of a copy of this order. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)