IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5421 of 2009 SENIOR MANAGER, FIRST FLIGHT COURIER LIMITED Versus THE STATE OF BIHAR & ORS ----------- 03. 07.12.2010 Heard learned counsel for the petitioner, for the State and for the respondent no.5. The petitioner is aggrieved by the order dated 16.8.2008 passed by the Assistant Labour Commissioner- cum-Appellate Authority, Bettiah at West Champaran in Minimum Wages Case No. 01 of 2008 awarding a sum of Rs.1,38,528/- to respondent no.5. The appeal preferred by the petitioner has been dismissed on 3.12.2008 on grounds of limitation for a delay of 12 days only. Learned counsel for the petitioner submits that the original order came to be passed without any service of notice much less any finding of service of notice upon the petitioner. Moreover, the application for minimum wages filed by respondent no.5 was clearly barred by limitation. There is no discussion in the impugned order dated 16.8.2008 that any notice was issued to the petitioner as to why limitation be not condoned as it created a right in his favour extinguishing the remedy of the respondent no.5. The petitioner has raised these issues including the question of inapplicability of the laws to the petitioner establishment in the appeal all of which has not been considered. 2 The law stands well settled that the Courts lean in favour of an adjudication of merits after consideration of the case of the contesting parties as it gives finality to the dispute and leaves the parties satisfied of having had the opportunity to pursue remedies in law. This becomes more important when there are serious allegations of non-service of notice leading to an ex-parte order and condonation of delay in preferring a claim beyond limitation without an opportunity to the aggrieved to ask for dismissal of a belated claim. A delay of 12 days cannot be said to be so unreasonable to hold that the remedy of the petitioner stands extinguished. The appellate order dated 3.12.2008 passed in Appeal No. 10 of 2008 by the Deputy Labour Commissioner- cum-Appellate authority Minimum Wages at Muzaffarpur is therefore set aside. The matter is remanded to the appellate authority for a fresh decision in accordance with law on all issues of fact and law within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands allowed. P.K. ( Navin Sinha, J.)