VATIKA GARDEN RETREAT Vs. DISTRICT JUDGE GURGAON HARYANA

JUDGEMENT

(1.) VATIKA Garden Retreat, for short "the petitioner" seeks quashing and setting aside the order passed by the Authority under the Payment of Wages Act, 1936 (for short "the Act") dated January 31, 1996 and that of the Appellate Authority, namely Additional District Judge, Gurgaon, dated November 20, 1997. The Authority under the Payment of Wages Act had held that the respondent-workmen are entitled to their wages and overtime payments awarding compensation of Rs. 25/- to each respondent and Rs. 300/- as costs.

(2.) THE relevant facts are that respondents No. 3 to 17 had submitted an application before the Authority appointed under the Payment of Wages Act claiming Rs. 2,23,900/- on account of earned wages and overtime along with penalty. Their claim was that they were employees of the petitioner but had not been paid wages for the period in dispute as well as over time. In the reply, the petitioner had denied that the respondents referred to above were its employees. It was asserted that the petitioner had never employed them nor is liable to the claimed wages. The precise defence offered was that the services of the workmen had been hired through security contractor Brij Kishore Singh. The contractor had been paid.

(3.) THE learned Authority framed the issues and held that there was relationship of employer and employee between them. It was further held that the private respondents were entitled to their wages and overtime payment which has not been paid. The application accordingly was allowed. An appeal was filed in the Court of learned Additional District Judge, Gurgaon. Learned Additional District Judge heard the appeal and approved the findings of the Authority under the Payment of Wages Act.