- (1.) This writ petition has been filed by Superintendent, Sawai Mansingh Hospital, Jaipur assailing the order dated 05.09.2011 passed by the Authority, Payment of Wages Act, 1936, Jaipur City, Jaipur and order dated 23.03.2013 passed by the Additional District and Sessions Judge, No. 3, Jaipur Metropolitan, Jaipur.
(2.) The Authority, Payment of Wages Act, 1936, Jaipur City, Jaipur by the aforesaid order dated 05.09.2011 has allowed the application filed by 109 workmen who approached it with the grievance that their wages for the period from 01.01.2010 to 30.04.2010 were not paid on due time and they have to suffer grave hardship on account of that. The petitioner has contended that the workmen were not employees of the petitioner-hospital and they were engaged through service provider, i.e. Information Systems and according to the agreement executed between the petitioner and the service provider, the service provider was under obligation to make payment of the wages in the first week of every month. If the service provider has defaulted in making payment with delay, the petitioner cannot be blamed for the same. It is contended that the workmen did not impleaded service provider as party, therefore, the application filed by the petitioners was not competent. It is further contended that the petitioner filed appeal before the District and Sessions Judge, Jaipur Metropolitan, Jaipur which was transferred to Additional District and Sessions Judge, No. 3, Jaipur Metropolitan, Jaipur. However, the application under Section 5 of the Limitation Act/appeal has been dismissed on the ground of delay.
(3.) The Authority, Payment of Wages Act, 1936, Jaipur City, Jaipur while allowing the application filed by 109 workmen has referred to and relied on Section 21(4) of the Contract Labour (Regularisation & Abolition) Act, 1970(hereinafter referred to as 'the Act of 1970') which inter alia provides that 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 from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.;