J.S. Sidhu, J. - (1.) Facts giving rise to this petition under section 482 Cr.P.C. run thus. Vide order dated 10.5.1993 the Authority under the Payment of Wages Act awarded a total Rs. 11,170/- to Smt. Vimla Devi Sharma employed person to be paid to her by the employer M/s. Kosar Carpet Finishing Centre non-petitioner. The Authority requested Judicial Magistrate No. 3, Jaipur City thereafter to recover the amount as provided under section 15(5) of the Payment of Wages Act 1936 - to wit as if it were a fine imposed by the said Magistrates The said Magistrate thereupon issued a warrant for levy of the amount by attachment & sale of movable property of the employer. In execution of that warrant, immovable property consisting of a piece of land with standing buildings not to mention a tubewell with electricity connection installed therein, and that too not of the employer but of Shakir Hassan Dilawar respondent No. 5 landlord of the employer, was attached and sold by an auction to Gopal Das Gupta now respondent No. 4 for the amount by the police official to whom the warrant was entrusted for execution, the amount being deposited by him in the Court of the Magistrate and the same being paid to the employee. Thereupon this petition was filed by the employer M/s. Kosar Carpet Finishing Centre challenging the order Annexture-8 dated 6.5.1994 of the Magistrate confirming the auction sale.
(2.) I have heard the sides. Now the amount was to be recovered by the Magistrate as provided under section 421 Cr.P.C. Under Section 421 (1)(a) Cr.P.C., under which the Magistrate issued the warrant, what could be attached and sold was movable property and not immovable property of the employer. As the attachment and sale by auction of the immovable property as afore noticed is contrary to law this petition is accepted & the order of the Magistrate dated 6.5.1994 confirming the sale by auction is quashed with the consequence that the attachment and sale by auction of the property in question as afore noticed stands quashed. The amount of Rs. 11,170/ - in question has been deposited in the High Court by the petitioner. This be paid to the auction purchaser now respondent No. 4. The said property /possession of said property be restored forthwith to the owner Shakir Hassan Dilawar now respondent No. 5. Petition allowed.;