ASHWANI SURI Vs. STATE AND OTHERS

JUDGEMENT

(1.) The present petition has been filed against the order dated 16.5.2012 passed by the Authority under the Payment of Wages Act (Assistant Labour Commissioner), Kathua whereby the petitioner herein had been ordered to pay an amount of Rs. 63,000.00 on account of delayed wages to the claimant. Subsequently, during the execution proceedings, an objection was taken by the petitioner that the order was in-executable inasmuch he was never a partner of the firm under which the claimant was claiming to have been engaged.

(2.) The Executing Court of Sub Judge Kathua, however, vide order dated 23.9.2015 rejected the objection of the petitioner on the ground that in execution proceedings, the validity of the order passed by the Authority under the Payment of Wages Act could not be gone into and accordingly directed the respondent-petitioner(herein) to deposit the awarded amount.

(3.) The present petition has been filed, challenging both these orders dated 23rd of Sept., 2015 passed by the Executing Court as also the order dated 16.5.2012 passed by the Authority under the Payment of Wages Act.