V. D. BHARGAVA, J.

( 1 ) THIS is an application on behalf of the State filed in execution proceedings. There appears to have been a decree on the basis of the mortgage. Some property was sold. There was an order under Section 15 of the Payment of Wages Act against Ravi Hosiery Factory, who were the mortgagors of some properties of Lakshmi Insurance Co. , Ltd. , New Delhi opposite party No. 1. The Chief Inspector of Factories representing the State objected to the sale of the property on the ground that since there was a decree under Section 15 of the payment of Wages Act, that amount would get a preference over any other debt. It was, however, contended that it was not open to the Civil Courts to investigate into the claim under Section 15 of the Payment of Wages Act.

( 2 ) IT appears that there was an order of realisation of Rs. 5,000/- and odd under Section 15 of the payment of Wages Act as against Ravi Hosiery Factory, whose proprietors are Sri Bhimesh mehra and Yudhishter Mehra opposite parties Nos. 2 and 3. The amount not having been paid was realisable as a fine under Section 15 (5) of the Payment of Wages Act, which provides;

"any amount directed to be paid under this section

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