IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12469 of 2009 Date of Decision : October 13, 2011. Partap Mohan .....Petitioner versus Authority under the Payment of Wages Act and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.P.K.Mutneja, Advocate, for the petitioner. Mr.Surinder Dagar, Advocate, for respondent Nos.2 to 4,6,7,10,11,15 to 17. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner seeks quashing of the orders dated 8.3.2007 (Annexure P-4) and 10.4.2009 (Annexure P-8) passed by the Authority under the Payment of Wages Act, Gurgaon, on an application moved by respondent Nos.2 to 17. Suffice it to mention that the private respondents in their application under Section 15 (2) of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act'), inter-alia, alleged that they worked with M/s Express Engineering (Tata Authorized Service Station) located at Delhi-Jaipur Highway, Naharpur Rupa, Gurgaon which was proprietorship CWP No.12469 of 2009 [2] concern of the petitioner. They further allege that the proprietorship firm of the petitioner failed to pay the agreed wages, leaving no option for them but to approach the Authority under the Act. The Authority under the Act allowed the application of the private respondents vide order dated 8.3.2007 (Annexure P-4) as according to it, the petitioner failed to appear despite having been served, hence ex- parte proceedings were initiated against him vide order dated 29.8.2006. Vide the subsequent order dated 10.4.2009 (Annexure P-8), the Authority has dismissed the petitioner's application for recalling the ex-parte Award dated 8.3.2007. The primary grievance of the petitioner is that he was never served before passing the impugned order. During the course of hearing, learned counsel for the private respondents has fairly agreed that the ex-parte proceedings may be set- aside but with a direction to the Authority under the Act to decide the matter afresh after hearing the parties in a time bound manner. In view of the fair stand taken on behalf of the private respondents, the impugned orders dated 8.3.2007 and 10.4.2009 (Annexures P-4 & P-8, respectively), are set-aside and the matter is remitted to the Authority under the Payment of Wages Act, Gurgaon to decide the same afresh as early as possible but not later than six months from the date of receiving a certified copy of this order. It is directed that the Authority shall not grant more than three opportunities to each party to lead their respective evidence. Similarly, the awarded amount which is stated to have been deposited by the petitioner, shall be retained by the CWP No.12469 of 2009 [3] Authority till the application is decided afresh. Suffice it to mention that in case the claim of private respondents is again accepted, the amount deposited by the petitioner shall be released to them without any further delay. The petitioner shall also pay the cost of Rs.10,000/- to the private respondents before the Authority under the Act, on the date fixed. The parties are directed to appear before the Authority under the Payment of Wages Act, Gurgaon, on 14.11.2011. Dasti. October 13, 2011 (SURYA KANT) Mohinder JUDGE