HARILAL Vs. JAGDISH GIRI

JUDGEMENT

(1.) IN this interlocutory application, the petitioner has prayed for stay of the proceeding, whereby the petitioner has been forced to pay a sum of Rs. 92,092/ -.

(2.) THE petitioner has filed the writ petition challenging the said impugned order dated april 26, 1996 passed by the Sub-divisional magistrate, Barhi, District-Hazaribagh in M. W. case no. 2/1994, which was upheld by the additional Collector in M. W. Appeal No. 3/1996 dated November 22, 1999. The petitioner has assailed the said impugned orders mainly on the ground that the authorities had no jurisdiction and the proceeding in which the order was passed is time barred. It has been stated that though the said orders are illegal and without jurisdiction, still the respondents are proceeding to recover the said amount during pendency of the writ petition.

(3.) THIS interlocutory application has been contested by the respondents. It has been stated, inter alia, that the Sub-divisional Magistrate is an authority under the Minimum Wages Act and the order has been passed well within his competence and the same is sound and legal.