ABDUL WAHEED Vs. AUTHORITY PAYMENT OF WAGES ACT

JUDGEMENT

(1.) THE petitioner seeks quashing of order dated November 4, 1993 Annx. VII passed by Authority under Payment of Wages Act, Nagour, and for a writ of prohibition against respondent No. 1 from proceeding further in the matter.

(2.) THE respondent No. 2 Mohd. Ayub, claiming himself as an employee of M/s. Mohd. and Sons, filed a claim for recovery of alleged illegal deduction of his wages before the Authority under the Payment of Wages Act Nagour. He impleaded Yusuf respondent No. 3 as defendant describing him as partner of M/s. Mohd. and Sons. Having come to know about the proceedings Abdul Waheed, another partner and Receiver appointed by this Court to manage the affairs of the firm by its order dated January 5, 1992 (vide judgment reported in RLW 1982 116) ( I) applied for being impleaded in the claim petition. The said application has been rejected by the Authority vide order dated January 4, 1993 on the ground that application raised complicated questions of law and fact about relationship between claimant Mohd. Ayub and Mohd. Yusuf defendants which the Authority has no jurisdiction to decide. Hence this writ petition.

(3.) RESPONDENT No. 2 appearing in person has moved an application that the matter be referred to a larger Bench as the issue raised in the petition has been decided against him on an earlier occasion by a Division Bench in a case reported in 1988 (1) RLW 664 (2 ). I do not find any reason to entertain this prayer. On the contrary as will appear from the facts to be noticed hereinafter it is yet another attempt to protract this litigation which has become final between the parties vide Ex. 2, at the instance of Yusuf with whom the respondent No. 2 has been found in collusion. The prayer as will be apparent from the facts to be noticed presently, is frivolous and is clearly intended to protract the litigation and avoid that effect of judgment between parties, which has become final in this obtrusive manner.