PANKAJ NATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioners claimed to be full-time Daily Rated Workers engaged by the Public Works Department (PWD) of the Government of Tripura for years. They seek regularization of their services in accordance with the scheme framed by the Government of Tripura. They also complain of nonpayment of wages as well as at times payment of wages at the rates below the minimum wages prescribed by the State Government in terms of the payment of the Minimum Wages Act, 1948.

(2.) Brief facts are as under :

(3.) The respondents have filed affidavit in which the stand taken is that the petitioners are neither Casual Workers nor Daily Rated contingent paid staff. They have been engaged through a contractor. The entire arrangement is thus contractual. In support of this stand, respondents have produced a copy of work order dated 6th November, 1998 issued by the PWD in favour of one Benu Lal Roy who had been given a contract for providing security staff at the said site. As per this work order, the workers engaged would be paid @ Rs.37.50 per day per worker. One of the conditions of the work order was that the contractor would observe all the provisions of the labour laws scrupulously.