Neutral Citation No. - 2025:AHC:116610 Court No. - 33 Case :- WRIT - C No. - 22971 of 2025 Petitioner :- Manager M/S B.S. Indane Gas Service Shipni And Another Respondent :- Prescribed Authority Payment Of Wges And Another Counsel for Petitioner :- Jagdish Sharan Tomar Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1.The petitioner has preferred the present petition with the prayer to quash the order dated 19.03.2025 passe by the respondent No.1/Prescribed Authority, Payment of Wages Act of 1936/Deputy Labour Commissioner, Ghaziabad. 2. Facts in brief as contained in the writ petition are that in the proceedings initiated by the respondent No.2 under the provisions of Payment of Wages Act, 1936 being Case No.P.W.A. Case No.20 of 2021 before the respondent No.1, the respondent No.1/Prescribed Authority, Payment of Wages Act of 1936/Deputy Labour Commissioner, Ghaziabad passed an ex-parte award dated 29.02.2024 against the petitioner directing him to deposit a sum of Rs.4,34,600/-. When the aforesaid award was not complied with, recovery citation was issued. Against the aforesaid orders, the petitioner filed recall application on 12.09.2024 to recall the order dated 29.02.2024 on the ground that the aforesaid order has been passed without providing any notice or opportunity of hearing to the petitioner but without considering the aforesaid aspect of the matter, the aforesaid application has been rejected by the respondent No.1 vide its order dated 19.03.2025. Hence the present petition. 3. It is argued by learned counsel for the petitioner that the award dated 29.02.2024 has been passed by the respondent No.1 without recording any cogent reason and without providing any notice or opportunity of hearing to the petitioner and in an ex-parte matter. It is argued that against the aforesaid order, the petitioner moved an application dated 29.02.2024 under Order 9 Rule 13 C.P.C. before the respondent No.1 to recall the aforesaid order but the respondent No.1 also without giving any cogent reason and by way of a non-speaking order, rejected the recall application by the order impugned dated 19.03.2025 and prays that the order impugned be set aside. 4. Heard learned counsel for the petitioner and perused the record. 5. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved. 6. From perusal of the order impugned dated 19.03.2025, it is clear that no cogent reason has been given in the order impugned and the same has been passed in complete violation of principles of natural justice. 7. In this view of the matter, the order impugned dated 19.03.2025 passed by the respondent No.1 on the recall application is liable to be set aside and the same is hereby set aside. 8. The respondent No.1/Prescribed Authority, Payment of Wages Act of 1936/Deputy Labour Commissioner, Ghaziabad is directed to pass fresh order on the recall application within a period of two months from the date of production of certified copy of this order. 9. For a period of two months or till the decision taken on the stay application whichever is earlier, no coercive action be taken against the petitioner. Order Date :- 18.7.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad