Court directs DC to attach property of National Garage

Excelsior Correspondent

JAMMU, Sept 24: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today directed Deputy Commissioner Jammu to attach the property of National Garage, which is stated to be the trade name of M/s C L Gulhati & Sons Ltd. situated at Gangyal to the tune of Rs 1,18,18,053.31 awarded in the award under execution.
When the case was taken up for hearing, Advocate Ankush Manhas filed objections for National Garage, Gangyal & B.C. Road, Rehari through its Proprietor Chander Kishore Gulati, who is one of the directors of M/s C.L Gulhati & Sons Ltd company.
He submitted that this company has three directors namely C K Gulhati, Sandeep Gulhati and Shailendra Gulhati and that liability of the company as such cannot be enforced upon single director and this objection was also raised before Assistant Labour Commissioner, Jammu.
The CJM observed, “93 petitioners who were the employees of National Garage located at Gangyal and B.C Road, Rehari earned award under execution in their favour on 18.04.2019 by virtue of which an award for an amount of Rs 1,18,18,053.31 was passed in favour of petitioners by Assistant Labour Commissioner, Jammu on account of pending leave salary, bonus and retrenchment etc”.
“Award under execution specifically outlines the entitlement of each petitioner. It is also required to be pointed out that respondent has annexed a certificate of Chartered Accountants dated 20.09.2021 with his objections which certifies that M/S C.L Gulhati & Sons Ltd is duly registered with Registrar of Companies Delhi on 02.07.1956 and that the trade name of the company is National Garage and award under execution seems to have been earned by petitioners in the capacity of the employees of National Garage”, the court said.
“Despite lapse of more than two years, award under execution passed under the Act is yet to be fructified. An award under a pro-bono statute like Payment of Wages Act if remains un-executed for more than two years, said course is not only contrary to the spirit of statute supra but also an utter contempt of mandate of enactment in question”, the CJM said, adding “I deem it expedient to issue an attachment warrant authorising therein District Collector (Deputy Commissioner), Jammu to attach the property of National Garage which is stated to be the trade name of M/S C.L Gulhati & Sons Ltd. situated at Gangyal to the tune of amount awarded in the award under execution and submit compliance report”.