HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI W.P. No. 6268 OF 2000 Friday, the Thirteenth day of August, Two Thousand and Ten Between M/s. Sarvaraya Textiles Limited Canteen Employer, Kakinada, Rep.by its General Manager B.Sheshagiri Rao Petitioner AND Asst. Labour Officer, Circle III, Kakinada and another Respondents ORAL ORDER: Assailing the order dated 11.5.1999 passed in MW MP No. 5 of 1995, by the second respondent, the present writ petition is filed. The petitioner is a company registered under the Companies Act has a canteen in terms of the Factories Act. Inasmuch as the company became sick, it was referred to the Board for Industrial and Financial Reconstruction. While so, on 25.9.1995 having inspected the canteen in the factory premises, the first respondent filed M.W. Case No. 5 of 1995 stating that an amount of Rs.44,078.25 Ps. was not paid towards minimum wages to eight workmen. As a matter of practice, the second respondent posted the above MW MP No. 5 of 1995 in the camp court at Kakinada, which was regularly attended by the petitioner. While so, on 10.12.1997, the petitioner was set exparte and an order was passed. The petitioner filed IA No. 4 of 1998 for reopening the matter. It is case of the petitioner that though on each and every date, the learned counsel for the petitioner attended the camp courts at Kakinda, on 11.5.1999, as there was no notice of calling the I.A. No. 4 of 1998 and MWMP No. 5 of 1995 at the camp Court, Rajahmundry, an exparte order was passed on 11.5.1999. Hence the present writ petition assailing the same. As can be seen from the records, no counter affidavit is filed by the respondents putting forth their case. Having heard the learned counsel for the petitioner and the learned Government Pleader for Labour, I am of the considered view that the impugned order cannot stand to the test of principles of natural justice, as the petitioner was not put on notice before taking up the matter in the camp court at Rajahmundry. Consequently, the writ petition is allowed setting aside the impugned order and remanding the matter to the second respondent for disposal afresh, after putting the petitioner on notice, as early as possible not later than six months from the date of receipt of a copy of this order. It is made clear that the petitioner shall cooperate in disposal of the above case. No order as to costs. ________________________ Justice T. Meena Kumari August 13, 2010 MAS