Section 129
Prohibitory order by Commissioner to third party
(1)
Whenever the Commissioner —
(a)
has made an order under sections 124 and 125 against an employer or any other person liable for the payment of any sum of money to any employee or sub-contractor for labour; and
(b)
has reason to believe that there exists between such employer or that other person liable and any other person a contract of service in the course of the performance of which the employee or sub-contractor performed the work in respect of which the order was made, the Commissioner may —
(i)
summon such other person; and
(ii)
if after enquiry he is satisfied that such a contract of service exists, make an order in such form as he may determine, prohibiting such other person from paying to the employer or that other person liable and requiring him to pay to the Commissioner any money
(not exceeding the amount found due to such employee or sub-contractor for labour) admitted by him to be owing to the employer or that other person liable in respect of such contract of service.
(2)
However, where such other person admits to the Commissioner in writing that money is owing by him under the contract of service to the employer or that other person liable, he need not be summoned under subsection (1)(i) and the Commissioner may make an order under subsection (1)(ii) in his absence.
(3)
Where such other person is liable as a principal under section 53(1) to pay any salary due by the employer or that other person liable and where the money admitted by him to be owing to the employer or that other person liable is not sufficient to pay the whole of such salary,
Employment
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nothing in this section shall relieve him of his liability for the balance of such salary up to the amount for which he is liable under section 53(3).
(4)
The payment of any money in pursuance of an order under subsection (1)(ii) shall be a discharge and payment up to the amount so paid of money due to the employer or that other person liable under the contract of service.