GAS AND METAL OPERATORS Vs. LABOUR COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed against the impugned recovery certificate dated March 25, 1987, Annexure-9 to the writ petition issued under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as 'the Act').

(2.) I have heard learned counsel for the parties. The petitioner is a registered partnership firm. Fifty percent share of the firm is owned by Hemant Narain Narhar Gokhale and his mother Smt. Vineeta Gokhale, while the remaining 50% is owned by Sri Dilip Ranaday and his father M.B.Ranaday. In the factory of the petitioner firm 86 workers were employed. Dilip Ranaday was appointed as occupier of the said factory and he was also Factory Manager. It is alleged in paragraph 5 of the petition that without knowledge of the other partners Dilip Ranaday for some ulterior motive is said to have displayed a notice dated March 1, 1987 stating that the factory would be closed from March 1, 1987. True copy of the said notice is Annexure-1 to the petition. In paragraph 6 of the petition it is alleged that on March 2, 1987 the Secretary of Engineering Shramik Panchayat, Kanpur who is in league with the said partner, Dilip Ranaday, filed an application before the Addl. Labour Commissioner, Kanpur stating that the factory has been closed from March 1, 1987 without taking permission and hence they may be given compensation. It is alleged that the conspiracy of the partner was to sell the factory with the help of the union.

(3.) It is alleged that some conciliation proceedings were held before the Conciliation Officer, Kanpur. True copy of the proceeding dated March 11, 1987 is Annexure-5. It is al- leged in paragraph 15 of the writ petition that wages upto the month of February 1987 were paid to the workers. In paragraph 16 it is alleged that on March 13, 1987 an application was filed by the respondent No. 3 that the retrenchment compensation and earned leave was due to the workmen which may be recovered under the said Act. Along with this application a chart was also filed vide Annexure-6 to the writ petition.