THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 15814 of 2001 Date of order: 2.12.2010 Between: Triveni Sheet Glass Works Ltd. …Petitioner and The Assistant Labour Officer and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 15814 of 2001 ORDER: This matter was heard at length last week. This writ petition is directed against the order of the authority under the Minimum Wages Act dismissing the petitioner’s application to set aside the exparte order dated 25.3.1999 passed in M.W.M.P.No. 68 of 1997. As is evident from the record and the impugned order the petitioner was set exparte for his non- appearance in the aforesaid case. Later he filed an application-MWMP No. 137 of 1999 to set aside the exparte order. Even when this application was listed, neither the petitioner nor his counsel was present and ultimately on account of his continuous absence, the authority under the Minimum Wages Act has dismissed the said application-MWMP No. 137 of 1999. That order is questioned in this writ petition and the petitioner seeks an opportunity to contest the proceedings instituted against him in MWMP No. 68 of 1997. After hearing the learned counsel for the petitioner and after examining the affidavit’s averments, it is clear that the absence of the petitioner before the authority under the Minimum Wages Act on both the occasions has not been explained satisfactorily. Even in this writ petition also there is no improvement on the part of the petitioner to substantiate that his absence before the authority under the Minimum Wages Act was on account of unavoidable circumstances. I am, therefore, not inclined to exercise the discretion under Article 226 of the Constitution of India in favour of the petitioner. The writ petition is accordingly dismissed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 2.12.2010 KR