MOHAMMED AND SONS Vs. AUTHORITY UNDER THE PAYMENT OF WAGES ACT

JUDGEMENT

(1.) THIS writ petition is directed against the award dated 28. 3. 1979 (Annex. 9) given by the Tribunal whereby the Tribunal has decreed the claim for payment of wages of the non-petitioner No. 2 Mohd. Ayub and decreed the claim to the extent of Rs. 12, 403. 20.

(2.) THE brief facts giving rise to this writ petition are that the petitioner firm is a registered partnership firm having its Head Office at Jodhpur and Branch Office at Bhadwasi District Nagaur. THE petitioner firm consists of the following partners:- 1. Shri Abdul Hakim 2. Shri Inayatullah 3. Shri Hamiddullah 4. Shri Abdul Wahid. THE present firm is run by these partners w. e. f. 1. 1. 1976. This partnership firm has been registered with the Registrar of Firms, Rajasthan, Jaipur. THE non-petitioner No. 2 Mohd. Ayub was an ex-employee of M/s. Mohammed & Sons, Bhadwasi. In the year 1971. he was transferred from Bhadwasi to Jodhpur Office. He did not resume his duties at Jodhpur office, therefore, his services were terminated. THE non-petitioner No. 2 challenged his termination before the Regional Labour Commissioner (C), Ajmer but without any success. He was not given any appointment by the petitioner firm. THE non-petitioner No. 2 ceased to be the employee of the petitioner firm since 1971. Mohd. Ayub non-petitioner No. 2 is son-in-law of Shri Yusuf, non-petitioner No. 3. Non-petitioner No. 3 Yusuf stood retired from the petitioner firm in the year 1975 and he was not inducted as a new partner when the new partnership firm was constituted. Non-petitioners No. 2 and 3 being son-in-law and father-in-law respectively joined hands. An application was filed under Section 15 (2) of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act') in the court of non-petitioner No. 1 at Bikaner by non-petitioner No. 2 Mohd. Ayub. THE notice of the claim petition was got served on Yusuf, father-in-law showing him as a partner of the petitioner firm M/s. Mohammed & Sons, though in the newly constituted firm Yusuf was not a partner. A confessional statement was filed by Shri Yusuf on behalf of the firm admitting the claim. On account of this confessional statement the claim of non-petitioner No. 2 was decreed. THE claim of non-petitioner No. 2 was allowed by the order dated 28. 3. 1979 and this order was sought to be executed by moving the Chief Judicial Magistrate, Nagaur and the Chief Judicial Magistrate, Nagaur issued a direction to execute the order dated 28. 3. 1979 by the order dated 24. 5. 1979 (Ex. 12 ). In these circumstances, the petitioner firm approached this Court by filing the present writ petition submitting that the whole action was collusive and the decree has been passed against the firm without the firm being properly served through its partners. Thus, the present award given by the Authority under the Payment of Wages Act is without jurisdiction and likewise the further direction issued by the learned Chief Judicial Magistrate.