S.J.MUKHOPADHAYA, J.

( 1. ) IN all the cases as common important questions of law have been raised, they were heard together and are being disposed of by this common judgment.

( 2. ) THE main questions which arise for determination are :-

(i) Whether workmen of a company, not under liquidation, can claim their dues of wages and other benefits under Section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) if a bank or financial institution or Asset Reconstruction Company (India) Ltd. (ARCIL for short) takes measures under Section 13(4) of the said Act ?

(ii) Whether the Debts Recovery Tribunal in a petition under Section 17 of the SARFAESI Act can decide and order to pay the dues of workmen, if the company is not under liquidation, and the said company is purchased by auction purchaser pursuant to measures taken under Section 13(4) of the SARFAESI Act ?

(iii)Whether the power of a competent authority or a Court of law of conditional attachment of property of an employer or other persons responsible for payment of wages under Section 17A of the Payment of Wages Act, 1936 stand