Attachment under the Payment of Wages Act must satisfy statutory conditions before property can be seized or sold.

Section 17A of the Payment of Wages Act, 1936 permits attachment only when an application under section 15(2) or an appeal under section 17 is pending, the authority is satisfied that the employer is likely to evade payment, and the employer has been heard; the impugned order failed to record these foundational requirements. It also went beyond the statutory power by directing possession and sale of the employer's property, and did not identify the amount likely to be payable. The Gujarat HC further noted that the writ petition under Articles 226 and 227 was not barred by section 446 of the Companies Act, 1956, and the order was liable to be quashed.

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Issues: Whether the order directing attachment and sale of the employer's property under section 17A of the Payment of Wages Act, 1936 was sustainable in law.

Analysis: The power under section 17A could be exercised only when an application under section 15(2) or an appeal under section 17 was pending, the authority was satisfied that the employer was likely to evade payment, and the employer had been given an opportunity of hearing. The impugned order did not record these foundational requirements, did not identify the amount likely to be payable, and went beyond the statute by directing not merely attachment but also possession and sale of the property. The Court also noted that the writ petition under Articles 226 and 227 was not barred by section 446 of the Companies Act, 1956.

Conclusion: The order was legal basis and was liable to be quashed; the challenge succeeded.

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