SHARMA CONSTRUCTION COMPANY Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) This writ petition has been filed by Sharma Construction Company assailing the order dated 16.06.2011 passed by the Prescribed Authority under the Payment of Wages Act, 1936. The Prescribed Authority has by aforesaid order, rejected preliminary objection raised by the petitioner as to maintainability of the claim petition filed by respondents-workmen under Section 15(2) read with Section 16 of the Payment of Wages Act, 1936 (for short, 'the Act').

(2.) Brief facts giving rise to this case are that workmen-respondents no.2 to 8 filed an application under Section 15(2) read with Section 16 of the Act before the Prescribed Authority, Jaipur City, Jaipur, inter-alia pleading that the petitioner herein is a 'B-class' contractor registered with the Public Works Department of the State of Rajasthan. The respondent no.9 herein is Site Engineer of the petitioner Company. Petitioner company was awarded the contract for repair, demolition and construction of the quarters of employees of railway and railway platforms. Different work orders to that effect were issued to the petitioner Company by the Indian Railways during the period from 01.12.2008 to 04.02.2010. The respondents-workmen worked under the supervision of the aforesaid Site Engineer. The petitioner-company unlawfully deducted a sum of Rs.3,21,850/- from due wages of the respondents-workmen.

(3.) Three of the respondents-workmen, namely, Gheesaram, Lali Devi and Ridhi, belong to one family. Payment of only Rs.1,01,500/- has been made towards their salary and an amount of Rs.1,42,750/- has been deducted from their wages. Similarly, an amount of Rs.73,500/- has been paid to respondent-workmen, Hansraj and Naraj after deducting the amount of Rs.96,300/-. In the same way, an amount of Rs.28,000/- has been paid to respondent-workman Sushil Sharma after deducting the amount of Rs.42,100/-. A sum of Rs.28,000/- has been paid to respondent-workman Mukesh Sharma after deducting the amount of Rs.40,700/- from the wages. The respondents-workmen also prayed that the petitioner-company be directed to pay to them ten times of the aforesaid deducted wages as compensation. The aforesaid application was accompanied by another application under Section 5 of the Limitation Act for condonation of delay.