PURUSHOTTAM DAS GOEL Vs. PRABHAKAR PANDEY

JUDGEMENT

(1.) Heard Sri B.R. Tripathi and Sri R.C. Yadav, learned counsel for the petitioners.

(2.) From the pleadings before the court it transpires that Sri Prabhakar Pandey, the respondent No. 1, has initiated proceedings against the petitioners under Section 15 of the Payment of Wages Act, 1936, hereinafter called 'the Act' for recovery of his wages from them who are, indisputably, the employers and persons responsible for the payment of his wages. The proceedings are pending before the City Magistrate, Kanpur, the respondent No. 2 who is the prescribed authority under the Act.

(3.) In the said proceedings the respondent No. 1 moved an application under Section 17-A of the Act praying that the movable and immovable properties of the petitioners specified therein be conditionally attached. The petitioners filed their objection. Therefore, the respondent No. 2 passed one-line order dated November 16, 1977 directing the petitioners to furnish two sureties otherwise their properties mentioned at Item No. 1(a) to 2(j) be attached. A copy of the order dated November 16, 1977 has been filed along with the petition as Annexure-V. The order was followed by a communication dated November 28, 1977 from the respondent No. 2 to the concerned police station requiring implementation and enforcement of the order dated November 16, 1977. A true copy of the said communication dated November 28, 1977 is Annexure-VIII to the petition. The order dated November 16, 1977 and the communication dated November 28, 1977, aforesaid, are under challenge in this petition under Article 226 of the Constitution of India.