HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17641 of 2001 Date: November 26, 2010 Between: K. Adilakshmi … Petitioner And 1. The Deputy Commissioner of Labour, (Authority under Minimum Wages Act) Eluru, East Godavari District & another. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17641 of 2001 ORDER: The petitioner, being the opposite party in Case M.W.No.95 of 1997 on the file of the Authority under the Minimum Wages Act, 1948- cum-Deputy Commissioner of Labour, Zone-II, Eluru, challenges the order dated 07.10.1998 passed therein holding her liable to pay a sum of Rs.6,235/- towards difference of wages and Rs.31,175/- towards compensation, in all Rs.37,410/- within the time stipulated. 2. This Court granted interim stay of the impugned order dated 07.10.1998 on 24.8.2001. 3. The case before the Minimum Wages Authority was filed by the Assistant Labour Officer, II-Circle, Rajahmundry, claiming the difference of wages of 4 workers employed in the petitioner’s establishment. As the petitioner failed to attend before the Authority despite service of notice, she was set ex parte on 28.01.1998. Thereafter, the impugned order came to be passed on 07.10.1998. Upon receiving the said order, the petitioner filed I.A.No.37 of 1998 before the Authority to set aside the ex parte order. However, the Authority dismissed the said application on 27.5.1999. The petitioner claims to have filed a review petition before the Authority thereafter. No action was taken upon the same by the Authority. Hence, she filed the present writ petition. 4. The facts aforestated demonstrate that the petitioner was not given any opportunity to put forth her case and by the order impugned she was visited with the onerous liability of not only paying the difference of wages but also compensation, amounting to Rs.37,410/-. When the petitioner, being apprised of the said order sought to rectify her mistake, the Authority did not allow it and dismissed her application to set aside the ex parte order. 5. When adverse civil consequences flowed from the adjudication, the Authority ought to have given an opportunity to the petitioner to put forth her case before directing her to pay wages and compensation. Denial of this opportunity resulted in violation of the principle of audi alteram partem. 6. The order dated 07.10.1998 is accordingly set aside and the matter is remitted to the Deputy Commissioner of Labour, Eluru, West Godavari District-cum-Authority under the Minimum Wages Act, 1948. The Authority shall afford an opportunity to the petitioner to file a counter in the case and after hearing both parties, dispose of the case in accordance with law. The writ petition is allowed. No costs. ____________________ SANJAY KUMAR, J Date: November 26, 2010. BSB