JASOKA INDIA LTD Vs. OPINDER BADYAL

JUDGEMENT

(1.) Jasoka India Ltd. has filed this revision petition under Article 227 of the Constitution of India. Respondent Opinder Badyal was employee of the petitioner Company. He filed application under the Payment of Wages Act, 1948 (in short - the Wages Act) for recovery of his deducted wages. Learned Authority, under the said Act, vide judgment dated 09.10.1997 (Annexure P- 1), allowed the said application and directed the petitioner Company to pay Rs. 13,773.01 as wages along with interest @ 6% per annum, besides compensation of Rs. 25/- only. Respondent-workman filed application for recovery of the amount of wages and compensation as fine from the respondent in view of Section 15 (5)(b) of the Wages Act. Petitioner company filed objections inter alia that the petitioner company has been declared sick unit by the Board of Industrial Financial Reconstruction (BIFR), vide order dated 31.03.1999 and in view of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (in short - the Act), no recovery can be effected from the petitioner company. The said objections were dismissed by the Magistrate vide order dated 20.02.2008 (Annexure P- 3). Thereafter, the petitioner company filed another application taking same objection that proceedings against it for recovery of the amount cannot be carried out in view of Section 22 of the Act, having been declared a sick unit. Learned Magistrate dismissed this application vide order dated 31.10.2009 (Annexure P-5). It appears that thereafter learned Magistrate ordered sale of attached property of the petitioner company. Pursuant to said order, sale proclamation dated 18.09.2010 (Annexure P-6) has been issued by learned Magistrate to Court Auctioneer. By filing this revision petition under Article 227 of the Constitution of India, the petitioner company has assailed orders Annexures P-3 and P-5 and also sale proclamation Annexure P-6 mentioning it as sale order.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) Learned counsel for the petitioner reiterated that in view of Section 22 of the Act, property of petitioner Company, which has been declared sick unit, cannot be sold. The contention cannot be accepted in peculiar facts and circumstances of this case. Objection to this effect taken by the petitioner company before Magistrate was dismissed by Magistrate vide order dated 20.02.2008 (Annexure P-3). The said order has been challenged in the instant revision petition filed on 18.11.2010. Learned Magistrate again negatived the aforesaid objection of the petitioner company vide order dated 31.10.2009 (Annexure P-5). The said order has also been challenged in this revision petition.