JUDGMENT : Muzaffar Hussain Attar, J. 1. The Authority Under Payment Of Wages Act (Assistant Labour Commissioner), Pulwama, has passed award on 20th January, 2012, directing the petitioners to pay an amount of Rs. 20,35,930,00/- (Rupees Twenty lacs thirty five thousand nine hundred and thirty only) to the private respondents/claimants. The direction has been issued under Section 15(3) of the Payment of Wages Act 1936 (for short "Act of 1936"). 2. The award is challenged, inter-alia, on the grounds that; "a. the Assistant Labour Commissioner, Pulwama, has no jurisdiction to entertain the applications of those persons who did not reside within his territorial jurisdiction and who had worked in different districts; b. the direction for payment of wages has been issued in respect of wages which pertained to the period prior to 12 months from the date of filing of applications and the delay in making the claim has not been condoned; c. the respondents/claimants produced fake documents before the Authority and accordingly succeeded in obtaining the impugned award." 3. Preliminary objections have been taken by petitioners in respect of jurisdiction of the Authority to entertain the applications. It is pleaded in the objections that the claim petition is time barred, thus, merits to be rejected. It is further pleaded that 21 persons, whose names figure in the objections only were engaged by the department and have been paid wages as per the availability of funds. It is specifically pleaded that besides the 21 persons, no other person was engaged by the division and their claim for payment of delayed wages was accordingly denied. It is also pleaded that the muster roll purportedly issued by the Junior Engineer cannot be looked into unless and until it is authenticated by the Assistant Executive Engineer. It is also pleaded that the Muster Sheets were not authenticated by Assistant Executive Engineer, except for one muster-sheet for the month of August, 2008, and amount has already been paid to the eligible persons. 4. Learned counsel for the petitioners in support of his case referred to and relied upon the Judgment of Hon'ble The Supreme Court reported in 2011 (12) SCC 252 in case titled State of Rajasthan and Ors. v. Jeev Raj and Ors. 5. 4. Learned counsel for the petitioners in support of his case referred to and relied upon the Judgment of Hon'ble The Supreme Court reported in 2011 (12) SCC 252 in case titled State of Rajasthan and Ors. v. Jeev Raj and Ors. 5. Learned counsel for the private respondents submitted that the writ petition is not maintainable, inasmuch as, the direction issued by the Authority under Section 15(3) of the Act of 1936 is legal and valid. Learned counsel submitted that on the basis of evidence produced before the Authority, direction for payment of delayed wages has been issued. Learned counsel, while referring to Section 15(3) of the Act of 1936, submitted that the moment the application was entertained under section 15(3), the issue that the claim petition is barred by time in terms of Sub-section 2 of section 15 of the Act of 1936, cannot be raised and it would be deemed that the delay has been condoned. Learned counsel further submitted that the petitioners having not lead evidence before the Authority in respect of the averments made in their objections, cannot be permitted to reiterate such objections in these proceedings. Learned counsel accordingly prayed for dismissal of the writ petition. 6. The writ petition deserves to be allowed on one short ground i.e. the issue of obtaining award by producing fake document before the Authority. The material placed on record which includes certificate issued by one Mushtaq Ahmad Mir, Junior Engineer, MISD, Anantnag, in which, he has stated that the Muster Sheets produced before the Assistant Labour Commissioner, Pulwama in the case of Shir Ishaq Ahmad Tantray and ors. v. Chief Engineer, Kmr, I&FC Deptt. and Ors and in case of Mohammad Yousuf Dar and Ors. v. chief Engineer, Kmr, I&FC Deptt. and ors., have neither been prepared by him nor signed by him and the Muster Sheets are fake, do call for reconsideration of matter by the Authority. 7. The huge public money is at stake, it cannot be allowed to be swindled. Prima-facie, there being material on record to suggest that the award has been obtained by practicing fraud on the Authority, the award would collapse and would stand vitiated in law. 7. The huge public money is at stake, it cannot be allowed to be swindled. Prima-facie, there being material on record to suggest that the award has been obtained by practicing fraud on the Authority, the award would collapse and would stand vitiated in law. In order to ensure that public money is not plundered and further that whatever is due to the petitioners, is paid to them, the issue in respect of production of allegedly fraud documents for sustaining the claim by respondents would require to be enquired into by the Assistant Labour Commissioner, Pulwama. 8. The submission of learned counsel for the private respondents that it will be deemed that application seeking direction for payment of delayed wages even for the period beyond 12 months would be deemed to have been condoned and application deemed to have been purportedly entertained under Sub-section 3 of section 15 of the Act of 1936 does not carry any conviction, inasmuch as, in terms of first proviso appended to Sub-section 2 of section 15, the application has to be presented within 12 months from the date on which the deduction for payment of wages was made or from the date on which the payment of wages is to be made. The Authority in terms of second proviso attached to Sub-section 2 of Section 15 can admit the application after the period of 12 months mentioned in first proviso when the applicant(s) satisfy the Authority that there is sufficient cause for not making application within such time. No such finding has been recorded by the Authority. The Sub-section 3 of section 15 would be thus relevant for entertaining the application only for the period of 12 months prescribed in first proviso of Sub-section 2 of section 15. 9. Since the writ petition requires to be allowed on one short ground of obtaining the award allegedly by practicing fraud for which the evidence has been placed on writ record and in the objections before the Authority, it has been stated the documents are fake, the other issues raised are left open. 10. For the above stated reasons this writ petition along with connected I.A.'s is disposed of in the following manner:- "The award dated 20th January, 2012 passed by the Assistant Labour Commissioner, Pulwama under section 15(3) is set-aside. The matter is remanded back to the said Authority. 10. For the above stated reasons this writ petition along with connected I.A.'s is disposed of in the following manner:- "The award dated 20th January, 2012 passed by the Assistant Labour Commissioner, Pulwama under section 15(3) is set-aside. The matter is remanded back to the said Authority. The said Authority to afford opportunity of hearing to the parties as also to lead evidence in respect of allegations that fake Muster Sheets have been produced and thereafter to pass fresh orders. The amount of Rs. 5.00 lacs which has been deposited with the Registrar Judicial, shall be transmitted to Assistant Labour Commissioner, Pulwama, who shall keep the same amount in a fixed deposit until such time the fresh orders are passed by him."