SARDAR DILSHAR SINGH Vs. LABOUR COMMISSIONER

JUDGEMENT

(1.) This appeal by special leave arises from an order dated 24/10/1980 passed by the division bench of Delhi High court.

(2.) The undisputed facts are that the appellant is a partner of Dr Sahib Singh and Sons. While doing business in Delhi, the workmen had an adjudication in the Labour court under Section 33-C (2 of the Industrial Disputes Act, 1947, for recovery of arrears of salary, bonus etc. The Labour court had certified under Section 33-C (1 that a sum of Rs. 62,843.50 was due to them and issued a certificate to the District Collector to have it recovered from the partnership firm as arrears of land revenue. It is not disputed before us that on 8/7/1980 the bailiff of the Collector had gone to the appellant ana sought to attach his moveable properties. He then assured the bailiff that he would appear before the Collector but admittedly he never turned up. On 20/7/1980 the bailiff came with a warrant of arrest against theappellant. Calling the order of arrest in question, a writ petition came to be filed but was dismissed. Thus this appeal by special leave.

(3.) It is contended by learned counsel for the appellant that the procedure prescribed in S. 67 and 69 of the Punjab Land Revenue Act, 1887 (Punjab Act No. 17 of 1887 is unfair, improper and vitiated by Articles 21 and 14 of the Constitution. He urged that without prior notice of arrest a defaulter cannot be arrested. Neither Section 67 nor Section 69 prescribes such a procedure. Therefore, it will be unjust, oppressive and arbitrary exercise of power.