( 1 ) BY means of present writ petition under article 226 of the Constitution of India, petitioner-employers challenge the order/recovery certificate dated 17/05/1999, passed by Dy. Labour Commissioner, Meerut under the provision of U. P. Industrial Peace (Timely Payment of Wages) Act, 1978, hereinafter referred to as the act of 1978, a copy whereof has been annexed as Annexure-6 to the writ petition.

( 2 ) THE facts leading to the filing of present writ petition are that petitioner was served with a notice dated February 3, 1999 (Annexure-2 to the petition) to show cause as to why recovery under Section 3 of the aforesaid Act of 1978 (U. P. Act No. 5 of 1978) be not issued as the employers have not paid a sum of Rs. 95,785. 26 with regard to the lay-off compensation of their 12 workmen between the period October, 199 8/12/1998. The employers submitted their reply that the provisions of Section 3 of the aforesaid Act of 1978 are not attracted as the amount of lay-off compensation cannot be said to be covered within the meaning of wages under the Payment of Wages Act; and that the employees are less than 20 in number, therefore the Dy. Labour commissioner has no ju