Court directs DC to attach property of National Garage

25/09/2021

Jammu, Sep 24: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today directed Deputy Commissioner Jammu of to attach the property of National Garage which is stated to be the trade name of M/S C.L Gulhati & Sons Ltd. situated at Gangyal to the tune of amount Rs. 1,18,18,053.31/- (rupees one crore eighteen lakh eighteen thousand fifty-three thirty one paise only)awarded in the award under execution.
CJM Jammu Amarjeet Singh Langeh observed that when this case was taken up for hearing, Adv Ankush Manhas for respondent no. 1 filed objections to this execution. According to the objections filed by Adv Ankush Manhas for National Garage, Gangyal & B.C. Road, Rehari, Jammu through its Proprietor Chander Kishore Gulati is one of the directors of M/S C.L Gulhati & Sons Ltd company which is duly incorporated under the Companies Act; that the trade name of this company is "National Garage" and is having all banking /sale tax/transactions on its trade name National Garage since its inception; that this company has three directors namely C.K Gulhati, Sandeep Gulhati and Shailendra Gulhati; that liability of the company as such cannot be enforced upon single director; that this objection was also raised by respondent no. 1 before Assistant Labour Commissioner, Jammu; that the award under execution is non-executable as the liability of the Private Limited Company cannot be fastened on one of its directors i.e respondent no. 1; that award holders were admittedly employees of National Garage which is the trade name of Private Limited Company M/S C.L Gulhati & Sons Ltd. and therefore, according to respondent no. 1, award earned by award holders is against company as a whole and cannot be executed against respondent no. 1 alone etc etc.
CJM Jammu AS Langeh observed that 93 petitioners who were the employees of National Garage located at Gangyal and B.C Road, Rehari- Jammu earned award under execution in their favour on 18.04.2019 by virtue of which an award for an amount of Rs. 1,18,18,053.31/- (rupees one crore eighteen lakh eighteen thousand fifty-three thirty one paise only) was passed in favour of petitioners by Assistant Labour Commissioner, Jammu on account of pending leave salary, bonus and retrenchment etc. Award under execution specifically outlines the entitlement of each petitioner. It is also required to be pointed out that respondent no. 1 has annexed a certificate of Chartered Accountants dated 20.09.2021 with his objections which certifies that M/S C.L Gulhati & Sons Ltd is duly registered with Registrar of Companies Delhi on 02.07.1956 and that the trade name of the company is National Garage and wward under execution seems to have been earned by petitioners in the capacity of the employees of National Garage, the trade name of company namely M/S C.L Gulhati & Sons Ltd.
CJM further observed that sadly, despite lapse of more than two years, award under execution passed under the Act as mentioned hereinabove - is yet to be fructified. That an award under a pro-bono statute like payment of Wages Act if remains un-executed for more than two years, said course is not only contrary to the spirit of statute supra but also an utter contempt of mandate of enactment in question.
CJM Jammu Amarjeet Singh Langeh after gone through the objections filed by respondents observe dthat not being held hostage to the objections filed today after two years, I deem it expedient to issue an attachment warrant authorising therein District Collector (Deputy Commissioner), Jammu to attach the property of National Garage which is stated to be the trade name of M/S C.L Gulhati & Sons Ltd. situated at Gangyal to the tune of amount awarded in the award under execution as mentioned herein above and submit compliance report.
Further, Ld. counsel for petitioners shall also submit the details of all the Directors of the aforesaid company by or before next date of hearing so that appropriate orders in conformity with law be passed in order to not only to realise amount under execution but also to proceed against directors through coercive measures permissible under the code of civil procedure.

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