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Petition No. FD‑67 of 1982, decided on 15th May, 1982.

‑‑S. 38(3‑a)‑Revision‑‑Authority under Payment of Wages Act, 1936 in ex parte order holding that Act ibid was not applicable‑Neither such objection raised in written statement of respondent nor any evidence to that effect produced‑Impugned order having been passed without affording opportunity to show that Act ibid had been made or not applicable, in circumstances, set aside by Appellate Tribunal in revision and case remanded to Authority for decision after opportunity of evidence to parties.

A. M. Khan for Petitioner.

Ch. Muhammad Siddique for Respondent.

Date of hearing : 15th May, 1982.

The petitioner brought an application to the learned Commissioner for the recovery of his deducted wages and gratuity for the period he was con tingent employee and ceased to remain as such The learned Commissioner dismissed the application of the petitioner on the ground that payment of Wages Act was not applicable to the Town Committee, Sammundri. The case was proceeded ex parte against the respondent and that the petitioner appeared as his own witness in ex parte evidence. No objection was taken by the respondent in the written statement that Payment of Wages Act had not been made applicable to Town Committee Sammundri, therefore, the petitioner had no notice of such an objection. The learned Commissioner without previously informing the petitioner held in the judgment that Payment of Wages Act was not applicable to the respondent Committee. The petitioner no doubt produced ex parte evidence but his statement was not recorded to close the case. He was, therefore, entitled to produce further evidence. Without affording him opportunity to show that Payment of Wages Act had been made applicable to the Town Committee, Sammundri the point could not be decided against him. If he had been informed about this objection and, allowed to produce evidence, he may have produced notification if it was existed, to show that Payment of Wages Act had been made applicable. In these circumstances the impugned order passed by the learned Commissioner is not sustainable. I accordingly accept the revision and setting aside the orders of the Courts below remand the case to the learned Commissioner with the direction that the opportunity be afforded to the parties to produce the evidence whether by means of any notification Payment of wages Act had or had not made applicable to the Town Committee, Sammundri. The case will be redecided according to the evidence produced by the parties.

A. E

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