Posted On by &filed under Allahabad High Court, High Court.

Allahabad High Court
Food Corporation Of India And … vs Prescribed Authority And Others on 4 August, 2010
Court No. - 6

Case :- WRIT - C No. - 36107 of 2010

Petitioner :- Food Corporation Of India And Another
Respondent :- Prescribed Authority And Others
Petitioner Counsel :- Arun Kumar Gupta
Respondent Counsel :- S.K. Mishra,Sc

Hon'ble Prakash Krishna,J.

Rejoinder affidavit, filed today, is taken on record.

Heard Sri M.D. Singh Shekhar along with Sri Arun Kumar Gupta,
learned counsel for the petitioner and Sri S.K. Mishra, learned
counsel for the contesting respondents.

The present writ petition is directed against the order dated 18th
May, 2010 passed by the authority under the Minimum Wages Act
1948 in case No. MWA/61/2010/E.1.

The present writ petition arises out of proceedings under the
Minimum Wages Act. It is not necessary to notice the controversy
involved in the present writ petition in detail except that no
opportunity of hearing was offered to the petitioner before passing
of the impugned order.

The learned Senior counsel for the petitioner submits that 18th
May, 2010 was the date fixed for filing the reply and the petitioner
filed the reply on 18th May, 2010. Without fixing a date for
hearing, the authority below has passed the impugned order on
18th May, 2010.

The learned counsel for contesting respondents could not dispute
the above factual aspect of the case.

After hearing the learned counsel for the parties, I find sufficient
force in the argument of the learned counsel for the petitioner that
the impugned order has been passed without giving an opportunity
of hearing to the parties nor any opportunity was given to them to
produce the evidence in support of their respective case. In this
view of the matter, the impugned order dated 18th May, 2010
cannot be allowed at this stage. The said order is hereby set aside.
It is provided that the parties shall appear before the authority
concerned on 23rd August, 2010. They shall file the evidence, if
any, in support of their cases on or before that date. Thereafter it
will fix a date for hearing.

The authority concern will do good by deciding the matter,
preferably, within a period of three months.

With the aforesaid observations, the writ petition succeeds and is
allowed and the order dated 18th May, 2010 is hereby set aside.

Order Date :- 4.8.2010

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