In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.15906/2009
Chief Commnr Mun. Corpn. & Anr Versus
Payment of Wages Authority & Narayan Singh
Date of Order ::: 11/01/10
Hon’ble Mr. Justice Ajay Rastogi
Ms Naina Saraf, for petitioners
Counsel inter-alia submits that on the application filed by the workman under Payment of Wages Act, written statement was filed by petitioner and on 06/01/2009, opportunity was afforded to lead evidence but since Officer-Incharge was transferred, petitioner failed to lead their evidence as a result whereof, their evidence was closed on 09/06/09.
Counsel submits that despite reasonable explanation furnished for re-calling the order, their request was rejected without assigning reasons. However, matter is now posted for final disposal on 15/01/2010 and if opportunity is not afforded to lead their evidence, it would cause prejudice to the petitioners.
Issue notice to respondent NO.2 alongwith a copy of this order, returnable within four weeks, as to why petition may not be finally disposed of at admission stage. Notices be given Dasti, if desired. In the meanwhile, respondent-1 authority may permit the petition to lead their evidence on the date (15/01/2010) or on next date if any fixed by the authority, provided petitioner pays cost of Rs.1,000/- to the workman (respondent-2 herein) on or before next date and if fails to pay costs (supra), respondent-1 authority may proceed further in accordance with law.
(Ajay Rastogi), J.
K.Khatri/p2/
15906CW09-Jn11-IsSty.do