- (1.) This order shall dispose of Civil Revision Nos. 1107 of 2002 filed by the workmen and Civil Revision No. 2678 of 2002 filed by the HAFED (hereinafter referred to as 'the principal employer'), as both of them are aggrieved against the order dated 15.1.2002 passed by the Additional District Judge, whereby the appeal filed by the principal employer under Section 17 of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act'), was partly allowed.
(2.) In this case, 11 workmen, who were employed by the principal employer through contractor Haldar Singh (respondent No. 2 herein) filed an application under Section 15(2) of the Act for directing the principal employer to pay the difference of wages which was not paid to them by the contractor. The total amount of the wages of 11 workmen for the period 1.10.1996 to 30.9.1997, as claimed, was Rs. 79,693/-. The principal employer, who was respondent No. 1 before the Prescribed Authority, contested the said application on the ground that the workmen were employed through the contractor, therefore, the principal employer was not liable to pay the difference of wages which was not paid by the contractor. The Prescribed Authority, after taking into consideration the evidence led by the parties, has recorded a finding of fact that the contractor did not pay the full amount of wages to the workmen for which they were entitled to and in this regard there was a deficiency of Rs. 69,765/-. Further the Prescribed Authority while relying upon the provisions of Section 21 of the Contract Labour (Regulation and Abolition) Act, 1973 (hereinafter referred to as 'the Contract Labour Act') has held that if the contractor failed to make payment to the workmen, it was the obligation of the principal employer to make payment of the said wages and deduct the same from the contractor. On coming to the said conclusion, the principal employer was directed to pay the amount of Rs. 69,765/-, which was the difference of the less wages, along with four times compensation of Rs. 2,79,060/-, i.e. total amount of Rs. 3,48,825/-, to the workmen; in view of Section 15(3) of the Act.
(3.) Feeling aggrieved against the said order, the principal employer filed an appeal under Section 17 of the Act before the Additional District Judge.;