S.B.Civil Writ Petition No.1751/1995 Jhunjhunu Kendriya Sahakari Bank Ltd. Vs. Payment of Wages Authority, Sikar Date of order : 24.02.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. R.K. Kala for petitioner. Mr. Amitabh Jatav for respondent No.2. Heard learned counsel for the parties. Counsel for the petitioner has mainly stress upon the manner in which the Payment of Wages Authority has proceeded and his main submission is that there is no specific finding recorded regarding service upon the petitioner. The Para No. 7, 8, 9, 10, 11 of the writ petition clearly refer that there is no specific finding recorded by the Payment of Wages Authority before 27.03.1990 and thereafter also the authority has proceeded with pre-determined mind, as regards service as well as on the application for setting aside the ex parte order. On perusal of the order sheets/documents annexed as Annexures- 2 to 10 clearly reveal that the bank was not provided any opportunity after service of the notice. Counsel for the petitioner however, disputed the fact of the service and submitted that the petitioner was served before 27.03.1990, but the facts regarding service are - 2 - otherwise. I have gone through the contents of the writ petition and considered the aforesaid submissions of the parties and is of the view that the bank was not served before 27.03.1990, therefore, all the subsequent proceedings are vitiated. The impugned orders dated 27.03.1990 (Annexure-3) and 07.12.1994 (Annexure-10) passed by the Payment of Wages Authority, Sikar are liable to be quashed and the same is quashed. The case is remanded back to the Payment of Wages Authority, Sikar to hear the petitioner afresh and the petitioner would be at liberty to raise all preliminary objections as well as reply on merit. After hearing both the parties, the authorities is directed to decide the matter in accordance with law. (PREM SHANKER ASOPA),J. Gandhi H/8