JOINT DIRECTOR HANDICRAFTS Vs. GULZAR AHMAD SOFI

JUDGEMENT

(1.) PETITIONERS have sought indulgence of the court for issuance of a writ of certiorari for quashing the award dated 27 -9 -1997 passed by Assistant Labour Commissioner, Srinagar, as Authority under Payment of Wages Act (for short the Act) in the claim petition titled Gulzar Ahmad Sofi Vs. Joint Director & ors, whereby an ex -parte award to the tune of Rs.46,909/ - came to be passed in favour of the applicant - respondent No. 1 herein read with order dated 14 -10 -1998 passed by Special Mobile Magistrate, Passenger tax, Srinagar in the recovery proceedings. The brief facts of the case are to be noticed:

(2.) RESPONDENT No. 1, Gulzar Ahmad Sofi, filed a claim petition before the Authority under Payment of Wages Act - Assistant Labour Commissioner, Kupwara with the averments that he came to be engaged by the petitioners as Chowkidar on daily wage basis in their Industrial Establishment located at Kaka Sathoo, Nawab Bazar, but the petitioners - non -applicants failed to pay wages to him which constrained him to invoke jurisdiction of the Authority under the Act. Exparte award came to be passed. The respondent No. 1 there -after filed recovery proceedings before the/sub -Judge, Special Mobile Magistrate, Srinagar, who vide order dated 14 -10 -1998 directed attachment of the accounts of the petitioners for non -payment of awarded amount. Aggrieved by both the orders, the petitioners have questioned the same before this court through the medium of this writ petition on the grounds taken in the writ petition and prayed for quashment of the same.

(3.) IT is specifically averred that the petitioners have no efficacious and alternate remedy available. The question is whether the petitioner has efficacious and alternate remedy available? The answer is in affirmative for the following reasons: -