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| Court directs DC to attach property of ex-MLA | | | EARLY TIMES REPORT
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 as mentioned herein above and submit compliance report by or before next date of hearing.
CJM Jammu Amarjeet Singh Langeh observed that Eight petitioners entered into settlement with respondent no. 1 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 said settlement, respondent no. 1 was obliged to deposit aforesaid amount with Assistant Labour Commissioner, Jammu by or before 23.05.2016.
He failed. Thereafter, 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 realisation of aforesaid amount from the respondent no. 1 for disbursement to the petitioners.
CJM Jammu observed that there is a clear obligation undertaken by Radhey Sham Sharma (ex-MLA), proprietor of M/S Shanker Ice Factory & Cold Storage Canal Road, Talab Tillo, Jammu in terms of Settlement Deed supra that he would make payment to eight petitioners to the tune of Rs 11,12,000 as mentioned in Memorandum of Settlement which is annexed with this petition. Respondent no. 1, proprietor of M/S Shanker Ice Factory & Cold Storage Canal Road, Talab Tillo, Jammu undertook to make said payment in five installments with minimum interval of two months and this obligation he made on 25.04.2016. Now it is September, 2021.
Having undertaken to discharge obligation as aforesaid, now respondent no. 1 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 re-calcitrant disposition of respondent proprietor has the propensity to only derive petitioners to great deal of hardship, for over five years to be precise. He cannot play along like this.
Upon this Court ordered that let an attachment warrant be issued against respondent no. 1, the Proprietor, authorizing therein District Collector (Deputy Commissioner), Jammu to attach moveable property of respondent no. 1, the proprietor to the tune of Rs. 8,62,000 and submit compliance report by or before next date of hearing.
It however is clarified that should respondent no. 1, 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. (JNF)
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