NEW CONSOLIDATED CONSTRUCTION CO. LTD. Vs. NAKULA BISWAL

JUDGEMENT

(1.) This revision under Sec. 115 of the C.P.C., 1908 has been filed by the petitioner praying for setting aside the impugned judgment dtd. 30/9/2013 passed in Criminal Appeal No.5/18/23 of 13/12/11 under Sec. 17 of the Payment of Wages Act, 1936 by the learned 2nd Additional District and Sessions Judge, Khurda.

(2.) The petitioner in this revision, i.e., M/s. New Consolidated Construction Co. Ltd. was the Opposite Party No.3 in CMC No.100 of 2009 in the court of learned S.D.J.M, Khurda and respondent no.3 before the appellate court in Criminal Appeal No.5/18/23 of 13/12/11. The Opposite Party No.28 in this revision was the sole petitioner in CMC No.100 of 2009 and he was the Respondent No.5 in Criminal Appeal No.5/18/23 of 13/12/11. The Opposite Party No.27 in this revision was the Opposite Party No.4 in CMC No.100 of 2009 and Respondent No.4 in Criminal Appeal No.5/18/23 of 13/12/11.

(3.) The factual backgrounds of this revision, which prompted the petitioner for filing of the same is that, on the basis of an enquiry conducted by the Assistant Labour Officer-cum-Inspector(Kubera Behera, Petitioner in CMC No.100 of 2009) under the Payment of Wages Act, 1936, he(Kubera Behera) filed a complaint vide CMC No.100 of 2009 under Sec. 15 of the Payment of Wages Act, 1936 against the Opposite Parties thereof stating that, one labour contractor, namely, Nabin Biswal had engaged 26 numbers of workers(Opposite Party Nos.1 to 26 in this revision) through its principal employer i.e., Opposite Party No.4 in CMC No.100 of 2009 for doing works at the work site, i.e., Gerra Green Villa at Pune at the rate of Rs.120.00 per day for each worker for their eight hours work and the Opposite Party Nos.1 to 26 in this revision, i.e., the workers had worked there since 26/8/2007 to 21/1/2008. For their such works there, the workers(Opposite Party Nos.1 to 26 in the revision) were paid some wages, but, their arrear wages were not paid by the Opposite Parties in CMC No.100 of 2009 as well as Nabin Kumar Biswal. For which, they(Opposite Party Nos.1 to 26 in this revision) made a written complain before the Assistant Labour Commissioner-cum-Inspector, Balugaon stating about the non-payment of their arrear wages to the tune of Rs.5,82,795.00 in total by the Opposite Parties in CMC No.100 of 2009. The said matter was enquired by the Assistant Labour Officer-cum-Inspector, Kubera Behera (petitioner in CMC No.100 of 2009) and he(Assistant Labour Officer-cum-Inspector) made correspondences with the Opposite Parties in CMC No.100 of 2009. In response to the said correspondences, the Opposite Party No.1 in CMC No.100 of 2009, i.e., Sr. Project Manager of the Opposite Party No.3 of that CMC No.100 of 2009 replied through a letter stating that, the workers(Opposite Party Nos.1 to 26 in this revision) may not be able to get more than 20% of their claimed amount. The Opposite Party No.4 in CMC No.100 of 2009 (who is the principal employer) wrote a letter on dtd. 8/8/2008 stating that, Nabin Biswal is legally and contractually responsible for necessary payment to the workmen(Opposite Party Nos.1 to 26 in this revision), but, not the Opposite Parties in CMC No.100 of 2009. Thereafter, the Opposite Party No.1 in CMC No.100 of 2009 issued an another letter to the petitioner in CMC No.100 of 2009 stating that, only Rs.60,000.00 is due against the said Opposite Parties in CMC, but, not more than that. For which, after making enquiry, the petitioner in CMC No.100 of 2009(Assistant Labour Officer-cum-Inspector) came to a conclusion that, the Opposite Parties of CMC No.100 of 2009 are liable for payment of the arrear wages of the workers(Opposite Party Nos.1 to 26 in this revision) to the tune of Rs.5,82,795.00 for their works done by them for the period from 26/8/2007 to 21/1/2008 on being engaged by Opposite Party No.4 in CMC No.100 of 2009. Therefore, the Assistant Labour Officer-cum-Inspector filed a complaint vide CMC No.100 of 2009 before the authority under the Payment of Wages Act, 1936-cum-Sub-divisional Judicial Magistrate, Khurda as per Sec. 15 of the Payment of Wages Act, 1936 praying for directing the Opposite Parties of that CMC No.100 of 2009 to pay the held up wages, i.e., Rs.5,82,795.00 of the workers(Opposite Party Nos.1 to 26 in this revision) in total along with compensation.