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Judgment
Mr. Dash, learned advocate appears on behalf of petitioner-management. He submits, impugned is award dated 13th December, 2022 directing his client to pay compensation of Rs.30,000/- in lieu of reinstatement and back wages to the contractual worker, without direction for recovery from the contractor.
We have perused direction paragraphs in impugned award. We reproduce a passage therefrom.
“xx xx xx Sub-Section 4 of Section 21 of the said Act also made it clear that in case the contractor fails to make payment of the 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 labourer employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to contractor under any contract or as a debt payable by the Contractor.”
(emphasis supplied)
Clause (h) under definitions section 2 in Contract Labour (Regulation and Abolition) Act, 1970 says wages shall have the meaning assigned to it in clause (vi) of section 2 in Payment of Wages Act, 1936. Sub-section (4) in section 21 in the Act of 1970 has already been referred to in the direction paragraph of impugned award, reproduced above. Sub-clause (a) under clause (vi) in definition section 2 of Payment of Wages Act, 1936 includes any remuneration payment under any award or settlement between the parties or order of Court. In the circumstances, petitioner need have no apprehension regarding its right to recover from the contractor, on payment in execution, satisfaction and discharge of the award.
As we have not interfered with the award, we have not felt necessity to notice opposite party-workman. It is made clear that we have not gone into merits of the award as we were not invited to do so by petitioner.
The writ petition is disposed of.
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