GMR KAMALANGA ENERGY LTD. Vs. SHRI RAVIKANT KARAN

JUDGEMENT

(1.) Mr. Dash, learned advocate appears on behalf of petitioner-management. He submits, impugned is award dtd. 13/12/2022 directing his client to pay compensation of Rs.30,000.00 in lieu of reinstatement and back wages to the contractual worker, without direction for recovery from the contractor.

(2.) We have perused direction paragraphs in impugned award. We reproduce a passage therefrom.

(3.) Clause (h) under definitions Sec. 2 in Contract Labour (Regulation and Abolition) Act, 1970 says wages shall have the meaning assigned to it in clause (vi) of Sec. 2 in Payment of Wages Act, 1936. Sub-sec. (4) in Sec. 21 in the Act of 1970 has already been referred to in the direction paragraph of impugned award, reproduced above. Sub-clause (a) under clause (vi) in definition Sec. 2 of Payment of Wages Act, 1936 includes any remuneration payment under any award or settlement between the parties or order of Court. In the circumstances, petitioner need have no apprehension regarding its right to recover from the contractor, on payment in execution, satisfaction and discharge of the award.