SHAKTI KUMAR KAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) A certificate case being Misc. Case No. 13 of 2002 has been instituted before the Certificate Officer, Patna for realization of the money awarded by order, dated 30.12.2001 passed by the competent authority (Deputy Labour Commissioner) under the Bihar Shops & Establishment Act in Case No. BSE 2 of 2001.

(2.) THE applicants in that case were two employees of M/s Continental Commercial Company Limited. They filed a petition under Section 28 of the Act claiming payment of their delayed wages along with compensation. The claim application was filed against the company and three of its officers, namely, Director Incharge, General Manager Commercial and the Junior Executive, the last named being the petitioner before this Court. This claim was allowed by the competent authority by order, dated 30.12.2001. By this Order, he directed for payment of Rs. 65.793.50 along with five times compensation amounting to Rs. 3,94,761/ - to one of the applicants and delayed wages of Rs. 61,686.95 along with five times compensation amounting to Rs. 3,08,434.75 to the other. Though the order was ex parte, later on it undeniably came within the knowledge of the opp. party, the employers. But, still no steps were taken to challenge it.

(3.) FROM the facts and circumstances as noted above, it is evident that though the petitioner might be covered by the definition of employer within the meaning of Bihar Shops & Establishment Act, the claim of the applicant employee was in reality against the company and it is the company and its top officials who have a greater liability to pay the money than the petitioner who was the junior most officer in the company. It is also stated on his behalf that since then the company has closed its Patna office and the petitioner, not unlike the two applicants, has himself become jobless.