SHREE MAT DEVI SHRINE BOARD Vs. GANDARB SINGH

JUDGEMENT

(1.) Gandarb Singh Katoch-respondent filed a Claim Petition under Section 15(2) of the Payment of Wages Act, 1936 with the Authority under the Payment of Wages Act (Labour Officer), Reasi saying that the Additional Chief Executive Officer of Shree Mata Vaishno Devi Shrine Board, Katra had allotted work for construction of widening of road from Katra to Shree Mata Vaishno Devi Shrine in the year 1996 in favour of Kanth Lal-Contractor, who approached him for supply of labour for execution of the work. He along with 51others workers, accordingly, worked for the construction of road from RD-595 to RD-740 from 13.11.1996 to August, 1997. The labourers were, however, paid only in part by the contractor.

(2.) A claim for Rs. 2,46,464/- was thus laid before the Authority under the Payment of Wages Act by Gandarb Singh Katoch for and on behalf of the labourers employed by Kanth Lal-Contractor for execution of the work of Shree Mata Vaishno Devi Shrine Board. The Contractor appeared before the Authority in response to the Notice issued to him in this behalf and agreed to settle the dispute amicably by making payment of wages by the next date of hearing fixed for July 26, 1999. He, however, failed to honour his commitment opting to remain absent from the proceedings. The Contractor and the other respondents including the Board were later set ex-parte when after appearing before the Authority, they opted not to file any objection to the Claim Petition and remain absent. On the basis of the ex-parte evidence produced in the case, the Authority under the Payment of Wages Act held the claimant entitled to Rs. 1,71,474/- as per the details appearing in the Muster sheet placed on records of the Authority.

(3.) In terms of the Award of the Authority, all the respondents i.e. the Contractor, Shree Mata Vaishno Devi Shrine Board and its functionaries were held liable to satisfy the Award.