1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3588/06 Municipal Board, Kaman vs. The District & Sessions Judge, Bharatpur Date of order : 25/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri B.K. Sharma for the petitioner. Shri G.D. Gathala ) Shri Muneesh Kr. Sharma ) for the respondents. ****** This writ petition has been filed against the order dated 31.3.2006 by which the appeal of the petitioner against the order of Payment of Wages Authority dated 6.9.2002 was dismissed for the reason of delay as also for non deposit of the awarded amount. Learned counsel for the petitioner submitted that the amount which has been directed to have been paid by the petitioner to the respondent was in fact based on the ex-parte award passed by the Labour Court, Bharatpur dated 31.8.2001. It was submitted that the petitioner has not received notice of presence before the Labour Court and therefore they applied for setting aside the ex-parte award the application for setting aside ex-parte award was pending before the 2 Labour Court and the order of interim stay passed by this Court on 5.5.06 has wrongly been stated to mean stay of proceedings before the Labour Court, whereas the interim order was to the effect that amount as computed in terms of order of Payment of Wages Authority dated 18.8.2005 shall not be disbursed to the workman till further orders. Learned counsel for the petitioner submits that the petitioner should not be required to deposit the amount in the meaning of Section 17 of the Appellate Authority, because respondent was not actually working with them and this fact they could not plead before the Labour Court for the reason of non appearance. The respondents have opposed the writ petition and submitted that respondent is to blame himself if he did not appear in spite of service of notice before the Authority. Having regard to the facts of the case, this writ petition is disposed of with direction to the Labour Court, Bharatpur to decide the application filed by the petitioner for setting aside the ex-parte 3 award dated 31.3.2006 from the date copy of this order is produced before the Labour Court. The order passed by the learned District Judge, Bharatpur dated 31.3.2006 is set aside and the matter is remanded back to the Labour Court. In case the application filed by the petitioner for setting aside the ex-parte award is dismissed and the petitioner fails to deposit the awarded amount within one month thereafter, the appeal filed by the petitioner before the learned District Judge, Bharatpur would be liable to be dismissed on that count alone for non compliance of Section 17. If however the application is allowed, the learned District Judge would take the same into account while deciding the appeal on merits. (MOHAMMAD RAFIQ), J. RS/