MANUBHAI CHHOTABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein challenges the Public Notice dated 20/01/1978 whereby the property belonging to the petitioner was sought to be sold by auction for the recovery of the sum of Rs. 6 820 being the arrears of wages payable to Respondent No. 3 in enforcement of the award of the competent authority under the Payment of Wages Act. The petitioners case is that the recovery is sought against the personal property of the petitioner although the respondent No. 3 was an employee of the establishment called Manoj Printery which was owned by the wife of the petitioner Chandrikaben Ravjibhai Patel. The petitioner claimed that he had nothing to do with the ownership of the Printery and that his wife was the whole owner and hence the award can be only satisfied against the property of the said wife.

(2.) Mr. K. L. Abichandani the learned Counsel for the petitioner urged that the petitioners wife Chandrikaben being the owner of the said Printery was held liable for certain breaches under the Shops and Establishment Act Sales-tax Act etc. Mr. Abichandani therefore urged that the impugned order of recovery against the property of the petitioner just because he happens to be the husband of the owner of Manoj Printery ic illegal and void.

(3.) Mr. D. G. Karia the learned Counsel for respondent No. 3 has urged that although the petitioners wife Chandrikaben was the ostensible owner of Manoj Printery she did not run the business herself nor did she employ him in service Mr. Karia urged that respondent No. 3 was taken in service by the petitioner who employed respondent No. 3 in services paid him the wages and sanctioned his leave wrote accounts and ran business in general. Mr. Karia has urged that the ostensible owner Chandrikaben did not run the business nor was she ever seen in the establishment. Therefore according to Mr. Karia the petitioner was the real employer and therefore according to him the award granted by the Labour Court is fully justified.