Full Judgment Text
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PETITIONER:
SENIOR REGIONAL MANAGER, FOOD CORPN. OF INDIA, CALCUTTA.
Vs.
RESPONDENT:
TULSI DAS BAURI & ORS.
DATE OF JUDGMENT: 21/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the judgment
of the Division Bench of the High Court of Calcutta passed
on September 6, 1995 in FMAT No. 2098/94.
The undisputed facts are that respondent Nos. 1-91 wear
engaged as contract labour by Bhagwat Prasad Choudhury,
Respondent No. 94 and while they were working, they were
refused payment of the full wages. As a consequence, they
laid claim for payment of the amount. Ultimately, the
Division Bench has directed by the impugned judgment that
the appellant shall be liable to pay the arrears of the
balance of the amount of the wages.
Shri V.P. Rao, learned counsel appearing for the
appellant contends that the arrears of wages are not wages
under Section 21 of the Contract Labour (Regulation and
Abolition) Act, 1973 and that, therefore, the appellant is
not liable to make the payment to the respondents. We find
no force in the contention.
Section 21 postulates the responsibility for payment of
wages. Under sub-section (1) a contractor shall be
responsible for payment of wages to each worker employed by
him as contract labour and such wages shall be paid before
the expiry of such period as may be prescribed. Under sub-
section (4), in case the contractor fails to make payment of
wages within the prescribed period or makes short payment,
then the principal employer shall be liable to make payment
of wages in full or the unpaid balance due, as the case may
be, to the contract labour employed by the contractor and
recover the amount so paid fro the contractor either by
deducting from any amount payable to the contractor under
any contract or as a debt payable by the contractor. That
liability has been prescribed under sub-section (2) thereof
which says that every principal employer shall nominate a
representative duly authorised by him to be present at the
time of disbursement of wages by the contractor and it shall
be the duty of such representative to certify the amounts
paid as wages in such manner as may be prescribed.
Thus it could be seen that the principal employer is
statutorily responsible to ensure payment of the wages as
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per the law. In case the contractor commits default in the
wages, the principal employer is made responsible for due
payment and in case such payment is made, he is entitled to
have it recovered by deducting from any amount payable to
the contractor under the contract or as a debt payable by
the contractor.
Thus, it is clear that the principal employer is
required to pay the wages. The term ‘wages’ includes the
balance of wages or arrears thereof. Under these
circumstances, we do not think that it is a case warranting
interference.
The appeal is dismissed. No costs.