Court directs DC to attach property of contractor

Excelsior Correspondent

JAMMU, July 8: Chief Judicial Magistrate (CJM) Jammu Amarjeet Singh Langeh today directed the Deputy Commissioner to attach moveable property of Om Parkash, son of Bodh Gupta, proprietor of Om POP Contractor and Decorator Opposite Parshotam Building Subash Nagar.
The order has been passed in an application filed by Ramesh Kumar seeking execution of decree in which an award amounting to Rs 1,03,000 was passed in favour of petitioner by authority under the Payment of Wages Act on 29.06.2019. However, respondent failed to deposit award amount before the authority concerned.
After going through the application, CJM observed, “despite lapse of more than one year, award is yet to be fructified”, adding “an award under a pro-bono statute like Payment of Wages Act if remains un-executed for more than one year, the said course is not only contrary to the spirit of statute but also an utter contempt of mandate of enactment in question”.
Accordingly, CJM directed that an attachment warrant be issued against respondent authorising therein District Collector (Deputy Commissioner), Jammu to attach moveable property of respondent to the tune of Rs 1,03,000 (award money) and submit compliance report by or before next date of hearing.
“During execution of warrant in question if it is found that respondent does not own and possess moveable property to the tune of Rs 1,03,000, in that eventuality, Deputy Commissioner, Jammu shall cause respondent to be taken into custody by concerned SHO who shall produce him before this court so that further proceedings can accordingly be shaped”, the CJM said.