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Judgment
Prakash Tatia, J.—An ex parte order was passed by the Authority under the Payment of Wages Act against the petitioner on February 27, 1988 against which the petitioner submitted an application for setting aside the ex parte order. This application was dismissed by the Authority under the Payment of Wags Act on June 13, 1988. This order dated June 13, 1988, copy of which is placed on record as Annexure 2, is under challenge before this Court.
Despite service no body appeared on behalf of the respondents.
Heard learned counsel for the petitioner.
According to learned counsel for the petitioner, in identical set of facts between these very parties in a matter of order dated June 13, 1988 passed by the Authority under the Payment of Wages Act, Udaipur refusing to set aside the ex parte order dated February 27, 1988, this Court allowed the S.B.C.W.P. No. 72/1989 by order dated November 4, 1989. In view of the identity of the parties and the facts, this petition is also allowed. The order dated June 13, 1988 is set aside and the application for setting aside the ex parte award dated February 27, 1988 is allowed. The Authority under the Payment of Wages Act, Udaipur is directed to decide the application of the respondents No. 1 to 41 afresh after giving opportunity of hearing.
Therefore, the writ petition of the petitioner is allowed.