RADHA KRISHAN BHAT Vs. MOHD TAHIR

JUDGEMENT

(1.) RESPONDENT No: I had filed a claim petition under Payment of Wages Act, before the competent authority (Assistant Labour Commissioner, Doda) against the present appellant and respondent No. 2. The claim petition was decided on 2 -2 -1982 in exparte and the Competent authority held the claimant entitled to an amount of Rs. 33, 639/ -, which was to be paid to him by the present appellant. The appellant filed an appeal against the said order on 24th. of March, 1982, before the learned District judge, Bhaderwah, who decided the matter by his judgment dated: 30.6.1982. On merits, the learned District Judge agreed on all fours with the appellant, but in his own words, he dismissed the appeal on technical grounds. He came to the conclusion that the appellant before him had not made deposit of the award money in terms of Section 17 (1) (A) of the Payment of Wages Act, therefore, the appeal was not maintainable. On the other hand, the present appellant has submitted before this Court that in fact he had complied with the provisions of Section 17(1) (A), this is the only question which is to be examined in this writ petition in the light of the material on record. It is true that this Court will not go into the questions of fact in this writ petition, as it is not hearing an appeal against the judgment of the learned District Judge. But the matter in my opinion involves the interpretation of Sub Section 1(A) of Section 17, therefore, in order to arrive at adjust conclusion certain facts which emanate from the file are required to be considered. The Authority under Payment of Wages Act (Assistant Labour Commissioner, Doda) by its interim orders dated: 5.8.1981 and 16.1.1982 had directed the concerned Executive Engineer to keep withheld an amount of Rs. 33, 639/ - from the pending bills/deposits of the petitioner herein till the final decision of the claim petition. Yet, by another order, the Assistant Labour Commissioner had ordered the Executive Engineer that ah amount to the tune of Rs. 36,000/ - be attached. In his final order dated: 2.2.1982 the Assistant Labour Commissioner while accepting the claim petition of the claimant, ordered, as under:

(2.) LET a notice be issued to the respondents for filing objections to this application and put up on 5.4.1982. In the meantime let the disbursement of the attached amounts to any person by stayed till further orders from this court." This order remained intact and was not modified during the pendency of the appeal. The appeal was also accompanied by a certificate from the Authority under Payment of Wages Act (ALC Doda) dated 23.3.1982, which certified that an amount of Rs. 36,000/ - due to the appellant had been attached. This certificate had been taken into considerable by the learned District Judge, while passing the interim order referred to above. On facts there is no doubt that an amount of Rs. 36,000/ - was attached by the Competent Authority under payment of Wages Act, when the Award passed, was for a lesser amount The appellant had also submitted a certificate from the Executive Engineer concerned before the learned District Judge, to show that the outstanding amount in the name of appellant with the Executive Engineer on 22.3.1982 was to the tune of Rs. 39, 998/ -. Now, the only question which remains to be seen is whether the attachment of the outstanding amount by the Competent Authority under Payment of Wages Act, was sufficient to entertain the appeal in terms of Section 17 (1) (A), which provides, as under: