HARSHA TRACTORS LTD Vs. S K SRIVASTAVA

JUDGEMENT

(1.) THE Deputy Labour Commissioner, Uttar Pradesh, Ghaziabad, on being satisfied that :- (a) A sum of Rs 100720/- as wages for the month of July, 1986 (b) A sum of Rs. 99680/- as arrears of bonus for the financial year 1984-85 total Rs. 2004200/- remained unpaid by an Industrial Establishment known as M/s. Harsha Tractors Loni Road, Mohan Nagar, Ghaziabad, issued a recovery certificate addressed to the Collector, Ghaziabad, for the said amount on 17-8-87.

(2.) IT appears that the aforesaid amount remaining outstanding, the workmen of the said Industrial Establishment initiated proceedings under section 3 of the Industrial Peace (Timely Payment of Wages) Act, 1978, hereinafter referred to as the State Act. Being thus satisfied that the said amount was in fact due, the recovery certificate was issued under section 3 of the State Act.

(3.) THE learned Standing Counsel as well as the learned counsel for the opposite parties have argued that none of these points are available to the petitioner and the petition should be dismissed.