Excelsior Correspondent
JAMMU, Sept 8: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today directed Deputy Commissioner Jammu to attach moveable property of Radhey Sham Sharma, ex-MLA to the tune of amount in the award under execution and submit compliance report by or before next date of hearing.
Eight petitioners entered into settlement with ex-MLA, who, as per execution petition and Memorandum of Settlement is proprietor of M/S Shanker Ice Factory & Cold Storage Canal Road, Talab Tillo, Jammu.
In terms of settlement, respondent was obliged to deposit amount with Assistant Labour Commissioner, Jammu by or before 23.05.2016. However, he failed to do so. On 31.12.2016 Assistant Labour Commissioner, Jammu who is authority under the Payment of Wages Act, 1936, presented this execution petition under Section 15(5) of the Act seeking realization of amount from the respondent for disbursement to the petitioners.
“There is a clear obligation undertaken by Radhey Sham Sharma in terms of Settlement Deed that he would make payment to eight petitioners to the tune of Rs 11,12,000 as mentioned in Memorandum of Settlement”, the CJM said, adding “respondent undertook to make payment in five installments with minimum interval of two months and this obligation he made on 25.04.2016. Now it is September, 2021”.
“The respondent cannot play hide and seek to the utter dis-advantage of petitioners and that too not only against the binding award but also in brazen contravention of statute like Payment of Wages Act. This disposition of respondent proprietor has the propensity to only derive petitioners to great deal of hardship, for over five years to be precise”, the court said.
“Let an attachment warrant be issued against respondent authorizing District Collector (Deputy Commissioner), Jammu to attach moveable property of respondent to the tune of Rs 8,62,000 and submit compliance report by or before next date of hearing”, the CJM said, adding “in case the proprietor deposit an amount of Rs 8,62,000 during execution of attachment warrant in question, in that eventuality District Collector (Deputy Commissioner), Jammu shall cause that amount to be received and deposited in this court for onward disbursement to petitioners”.
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