JAL PAL VIBHAG Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ravi Kant, the learned Senior counsel assisted by Sri Rakesh Bahadur, the learned counsel for the petitioner, Sri Yogesh Agarwal, the learned counsel assisted by Sri A.P. Tiwari, the learned counsel for the respondent and the learned Standing counsel for the State Authority.

(2.) The Union filed an application under Section 3 of the U.P. Industrial Peace (Timely Payment of Wages) Act, 1978 (hereafter referred to as the "Act") praying that 162 members of their union have not been paid the wages for various period along with the arrears, amounting to Rs. 31,82,080/- lacs, and consequently, prayed before the Authority for the recovery of the said amount. In this application, the Union contended that the members of the Union were working through contractors, which was in total violation of the Rules and Regulations and that the minimum wages was also not been paid. Consequently, there were arrears, which were liable to be recovered.

(3.) The employers, namely, the petitioner appeared and contested the claim contending that the workers in question are employed by the contractors and that they were working through an agreement as per agreed rates. It was also brought to the knowledge of the authority that these contracts were executed because the State Government had imposed a ban in appointing the workers directly in the establishment.