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    <title>1996 (12) TMI 315 - HIGH COURT OF GUJARAT</title>
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    <description>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&#039;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.</description>
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    <pubDate>Thu, 12 Dec 1996 00:00:00 +0530</pubDate>
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      <title>1996 (12) TMI 315 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=103816</link>
      <description>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&#039;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.</description>
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      <pubDate>Thu, 12 Dec 1996 00:00:00 +0530</pubDate>
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