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| HC dismisses petition regarding payment fiasco of labourers | | | Early Times REPORT
Jammu, Mar 27: Petition filed by Shri Mata Vaishno Devi Shrine Board & Other challenging the verdict of Labour Court Reasi regarding the payment of labourers who executed work for widening of road from Katra to Bhawan in the year 1996, Justice JP Singh of Jammu & Kashmir High Court dismissed petition with cost of Rs 5000.
Gandharb Singh Katoch respondent filed a claim petition with the labour officer Reasi saying that the Additional Chief Executive Officer of Shri Mata Vaishno Devi Shrine Board Katra had allotted work for construction of widening road from Katra to Bhawan in the year 1996 in favour of one Kanth Lal Contractor, who approached the respondent for supply of labour, he along with 51 other workers worker for the construction of road from November 13, 1996 to August 1997. The labourers were however paid only in part by the contractor. A claim of Rs 2, 46, 466/- was thus laid before the authority under the payment of Wages Act by Gandharb Singh Katoch for the labourers employed by contractor for execution of the work. The Authority under the payment of Wages Act held the claimant entitled to Rs 1, 71, 474 as per the details appearing in the master sheets placed on the record of the authority. In terms of the award, all the respondents including contractor, Shri Mata Vaishno Devi Shrine Board & its functionaries were held liable to satisfy the award.
Justice JP Singh after hearing Sr. Adv DC Raina with Adv Anil Verma appearing for the Shri Mata Vaishno Devi Shrine Board and Other whereas Adv BS Bali appeared for the respondent Gandharb Singh and Ors, has quoted the sections of the payment of wages act and observed that perusal of section 3(2) unambiguously, the responsibility of employer to make payment of all wages required to be made under the payment of Wages Act in case the contractor or any other person designated by the employer failed to make the payment of wages to employed persons the labourers. Court further observed that the senior Counsel is thus not right in saying that the Board was not liable to satisfy the award which remained unsatisfied by the contractor engaged by it. With these observations Court found that the petition filed by Shri Mata Devi Shrine Board to be misconceived and without merit and dismissed the same with cost Rs 5000.
—JNF
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