EXECUTIVE ENGINEER TARAI IRRIGATION Vs. JAGDISH CHANDRA JOSHI

JUDGEMENT

(1.) PRESENT petition is preferred assailing the order dated 09.06.2008 passed by Chief Judicial Magistrate, Nainital issuing the recovery warrant against the petitioners as well as respondent no. 2 for recovery of Rs. 62,720/ - in equal share.

(2.) BRIEF facts of the present case, inter alia, are that an application was moved before the Prescribed Authority under the Payment of Wages Act by the respondent no. 1 against the petitioners as well as respondent no. 2, herein.

(3.) LEARNED Prescribed Authority, Payment and Wages Act, vide judgment dated 15.02.2003, Annexure No. 5 to the writ petition, was pleased to direct respondent No. 2 herein to pay Rs. 62,720/ - to the respondent No.1 herein towards the outstanding wages as well as compensation; respondent no.2 herein moved a review application before the Prescribed Authority, Payment of Wages Act, on 05.03.2003 saying that entire liability of Rs. 62,720/ - ought not to have been fastened only against the respondent no. 2 herein, and it ought to have been fastened against the petitioners as well as respondent no.2 herein equally; review application was allowed by the Prescribed Authority, Payment of Wages Act vide order dated 08.09.2003 saying that Rs. 62,720/ - as awarded vide judgment dated 15.02.2003 shall be paid half and half by the petitioners as well as respondent no.2; thereafter, the petitioners herein moved an application dated 19.11.2003 for recalling of the ex -parte order dated 15.02.2003 without realizing that order dated 15.02.2003 stood merged in the order dated 08.09.2003, which was passed on the review application; restoration application dated 19.11.2003, however, was dismissed vide order dated 19.10.2005. When payment was not released by the petitioners as well as respondent no.2 herein, Learned Labour Commissioner was pleased to sent a request to learned Chief Judicial Magistrate, Nainital to recover the amount as arrears of land revenue under Section 15 (5) (b) of the Payment and Wages Act, whereupon, impugned order came to be passed.