A.B.Srivastava, J. - (1.) By means of this writ petition, the petitioner has sought a declaration that the respondent No. 1 has no jurisdiction to act as the Prescribed Authority under the Payment of Wages Act and for quashing the order dated September 12, 1984 of the Prescribed Authority accepting the claims of the respondent Nos. 4 to 29 to be within limitation and order dated March 31, 1987 awarding a total sum of Rs 11,51,150/- to the respondent Nos. 4 to 29. The break up being Rs 1,04,650/towards payment of deductions made from the wages of these respondents and Rupees 10,46,500/- being compensation at ten times of the said amount. The amount awarded to each of the respondent being Rs. 40,250/-.
(2.) The respondent Nos. 4 to 29 made applica tion under Section 15 of the Payment of Wages Act, 1936 to the respondent No. 1, the prescribed authority alleging that they are employed in the Daurala Sugar Works, Meerut, a unit of M/s Delhi Cloth and General Mill Ltd as Palledars. Their terms of employment and conditions are governed by the I and II Sugar Wage Board re ports. The petitioner employer has not paid the wages of the respondents Nos. 4 to 29 for the pe riod October 1, 1981 as fixed by the II Sugar Wage Board. For the period June 1, 1980 to Sep tember 30, 1981 they have been paid less amount of Rs. 100/- per month besides Rs. 550/reward and bonus Rs. 1200/- total amount of Rs. 3375/- per respondent. A claim of compensation at the rate of ten times of the amount due was also made. A prayer for condonation of delay in filing the claim was also made.
(3.) The petitioner contested the claim of the respondents alleging that they are not its employees rather they are labourers of the contractor, who used to provide their services to the petitioner Mill in terms of the contract. Being employees of the contractor, it is the contractor, and not the petitioner, who is liable to pay salary and other dues to the respondents, no deduction from the wages has been made and the claim is not maintainable before the prescribed authority under the Payment of Wages Act.;