JUDGMENT :

Sunita Agarwal, J.

1. Heard Sri Syed Fahim Ahmed learned counsel for the petitioner, Sri C.K. Rai for the respondent No. 8, Ms. Ghazala Bano Quadri for the respondent No. 9 and learned Standing Counsel on behalf of respondent Nos. 1 to 7. No one appeared for the remaining respondent Nos. 10 to 102 during the course of hearing.

2. Heard learned counsels for the parties at length and perused the record.

3. Two above noted writ petitions are directed against the recovery orders issued by the Additional Labour Commissioner, Ghaziabad/Pre-scribed Authority under the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereinafter referred to as "the Timely Payment of Wages Act" or "the Act, 1978"). Main contest is in writ petition filed by M/s. Modi Rubber Ltd., the employer, as the connected writ petition is by the workmen who stood in support of the employer/management. The petitioner hereinafter, therefore, refers to the employer/management only.

4. The recovery orders are challenged on the ground that there was a dispute with regard to entitlement of the workmen to wages for different period mentioned therein. It is contended that on receipt of notice from the Presiding