ELGIN MILLS CO LTD Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) A reference as to whether a workman represented by respondent No. 3 was the workman of the petitioner company or of the contractor and whether the said workman should be considered to be holding a post as given in the schedule and, if so from which date is pending before the learned III Labour Court, Kanpur. In the meantime, an application was made by these workmen under the provisions of U.P. Industrial Peace (Timely Payment of; Wages) Act, 1978. In the said proceeding an objection was taken by the petitioner that the same is not maintainable since the authority discharging jurisdiction under the Timely Payment of Wages Act, cannot enter into a dispute which is within the purview of the Industrial Tribunal or the Labour Court particularly when such a dispute is pending. According to Mr. V.B. Singh, learned counsel for the petitioner, it would be pre- empting the jurisdiction of the Labour Court and therefore the decision with regard to the character of the workmen since disputed by the petitioner employer was wholly without jurisdiction. According to him while discharging its; functions under the Timely Payment of Wages Act, the authority is supposed to decide, an existing right. It cannot determine a disputed question and enter into the determination of a right, which is not flowing from an existing, position. He had elaborated his argument and supported the same with various judgments cited by him.

(2.) Mr. B.N. Singh. learned counsel for the respondent on the other hand contends that in view of the Contract Labour (Abolition and Regulation) Act the employees of the contractor are employees of the principal employer and as such it does not require any determination. Therefore, the order passed by the authority under the Timely Payment of Wages Act is wholly within the scope and ambit of the Jurisdiction of the said authority. He had relied on some decisions which will be referred to at appropriate stage.

(3.) I have heard both the learned counsel at length.