( 1 ) BY means of present writ petition under Article 226 of the Constitution of India, petitioner-employers challenge the order/recovery certificate dated 17. 5. 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 3. 2. 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, 1998 to December, 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 n