Devendra Pratap Singh, J. - (1.) Heard learned Counsel for the Petitioner and Sri Mahendra Behari Lal for the Respondents.
(2.) This petition is directed against an order dated 5.7.1999 passed by the Respondent No. 1 under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as the Act) asking the Collector to recover the amount of incentive/production bonus to the tune of Rs. 63,178/ -as arrears of land revenue against the Petitioner.
(3.) The Petitioner is engaged in the manufacture of kraft paper etc. where the employees were in receipt of production bonus/production incentive under an agreement between the parties entered in 1983 and 1998 . It appears that the workers in the Mill were laid off from 4.1.1998 and on 7.2.1998 a lock out was declared, however, an agreement was reached between the parties on 20.4.1998, which was also registered under the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the I.D. Act) where after work started in the Mills from May, 1998 but while disbursing salary for March and April, 1999 the production/incentive bonus was not paid and the workmen through their union approached the Respondent No. 1 who issued a show cause notice dated 21.5.1999 under the Act. Again it was not paid for the month of May, 1999 and therefore, another notice dated 22.6.1999 under the Act was issued to the Petitioner. The Petitioner replied to both the notices where after the present impugned order has been passed.;