M.Y.EQBAL, J. - (1.) HEARD Mr. R.K. Choudhary, learned counsel for the appellant and Mr. S.N. Lal learned counsel for the respondent -bank. No body appears on behalf of the respondent -Hind Tools and Dies Pvt. Ltd.
(2.) THE appellant has challenged the order dated 7.5.1997 passed by Sub - Divisional Judicial Magistrate Saraikela entertaining the objection of the respondent -bank filed under Order XXI, Rule 58, CPC and passing the impugned order in execution case No. 2/96. The appellant is representing the employees of the respondent M/s. Hind Tools and Dies Pvt. Ltd. It appears that the Labour Court Jamshedpur passed an order under Section 15 of the Payment of Wages Act directing for payment of wages to a large number of workers working in the factory of the respondent M/s. Hind Tools and Dies Pvt. Ltd. The said order was challenged by the company before this Court in CWJC No. 3421 of 1995(R) which was dismissed on 20.3.1995 and the said order was affirmed in LPA being LPA No. 102/96. It is stated by the appellant that the company did not challenge the order before the appellate authority as provided under Section 17 of Payment of Wages Act.
(3.) DURING the pendency of the matter before the Labour Court under Section 15 of the said Act an order was passed under Section 17A of the said Act and the property of the company was attached. The appellant thereafter approached the Labour Court for recovery of the awarded amount by putting the property of the company in auction sale. The Labour Court by order dated 3.4.1996 referred the matter to the Sub -divisional Judicial Magistrate Saraikella for executing the award and for recovery of the awarded amount.;