DINESH KUMAR Vs. CENTRAL PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The present LPA impugns judgement dtd. 17/3/2023 passed by the Ld. Single Judge in W.P.(C) 4387/2010 titled Dinesh Kumar &Ors. vs. C.P.W.D &Ors. whereby the writ petition filed by the Appellants herein was dismissed.

(2.) The facts relevant to the present appeal are that the Appellants herein were employed by various private contractors i.e., Respondents No. 3-10 to provide security services in Respondent No. 1 Department/ CPWD from 1992-2002.

(3.) In 2001, the Appellantspreferred an application before the Industrial Tribunal (the "Tribunal"), under Sec. 33C (2) of the Industrial Disputes Act, 1947 being L.C.A No. 13/2001, claiming dues of wages against the CPWD, amounting to the difference between wages received and minimum wages payable for the period of 1/8/1992-27/10/2000. Based on the documents filed by the Appellants, the Tribunal found that the Appellants had been appointed by private contractors and worked under the private contractors. In this context, it was held that the real and final liability for payment fell on the private contractors, not the CPWD. Vide order dtd. 12/12/2005, the Tribunal rejected the application preferred by the Appellants on the sole ground that the dues, if any, payable to the Appellants could not be ascertained as no documentary evidence regarding payment of wages was filed by the Appellants and moreover, the actual employers i.e., the private contractors were not impleaded in the proceedings thereby denying them the opportunity to disprove claims made by the Appellants.