EXECUTIVE ENGINEER, TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD, MAINTENANCE DIVISION Vs. DEPUTY COMMISSIONER OF LABOUR, MADURAI

JUDGEMENT

(1.) 20 individuals filed a petition before the Deputy Commissioner of Labour, Madurai, who is the authority under the Payment of Wages Act, 1936. This petition was filed under Section 15(2) of the Payment of Wages Act. Deputy Commissioner of Labour in and by an order dated 09.03.2016 acceded to the prayer of 20 individuals.

(2.) What transpired before the original authority, i.e., Deputy Commissioner of Labour is that the employer TWAD Board took the stand that the 20 individuals are in contract employment and they are not in direct employment under the TWAD Board. However, no document was placed before the original authority and no evidence was let in to buttress or establish this plea / defence of TWAD Board. This is clearly articulated in the order of the original authority.

(3.) The original authority has also specifically referred to the fact that the registration certificate under the Contract Labour (Regulation and Abolition) Act, 1970 has not been filed and the contract, i.e., license to deploy contract labour has also not been placed before the authority.