YOGENDRA PRASAD SINGH Vs. ANJANI KUMAR PANDEY

JUDGEMENT

(1.) By filing this intra court appeal, the petitioner who was the Junior Engineer of Sonahatu Block, Ranchi described as Assistant Engineer has assailed the order passed by the learned Single Judge whereby the order passed by the learned Presiding Officer, Labour Court, Ranchi in M.W. Case Nos. 24, 25, 26, 27, 28, 29 and 30 of 2009 has been challenged. The order impugned in the writ petition has been passed on 28/8/2009.

(2.) The facts of the case is that the respondent No.1 herein who being the General Secretary, Jharkhand General Kamgar Union Gangu Toli, Ranchi filed several applications before the Presiding Officer, Labour Court, Ranchi under Sec. 20 (2) of the Minimum Wages Act, 1948 inter alia alleging that several persons were engaged by the respondents who happens to be the Executive Engineer, NREP, Vikash Bhawan, Kutchery Road, Ranchi, the Assistant Engineer Yogendra Prasad Singh and the Block Development Officer, Sonahatu, Ranchi in construction of a road and has been paid only Rs.15,424.00 though they have worked for 92 days. Notices were issued to the Executive Engineer and the two other respondents. They have appeared, however they failed to file written statements contesting the applications. Accordingly, the M.W. applications were allowed and the respondents were directed to pay each labour an amount of Rs.7712.00 + Rs.7712.00 =Rs.15424.00 within a period of 30 days. Thereafter, the appellant filed an application for setting aside the ex-parte decree which was rejected. He preferred an appeal before the Industrial Tribunal but the Industrial Tribunal also did not find any merit in the application for setting aside the ex-parte order passed by the learned Presiding Officer, Labour Court, Ranchi. Thereafter, the writ application was filed in the year 2015 which was disposed of on 18/11/2021. The learned Single Judge did not think it proper to interfere with the order passed by the learned Presiding Officer, Labour Court, Ranchi which was impugned before this Court. This appeal has been filed by said Yogendra Prasad Singh who was allegedly working as the Junior Engineer though he described himself as the Assistant Engineer in the application before the learned Presiding Officer, Labour Court, Ranchi. The only grievance of the appellant at present is that the petitioner before the learned Labour Court is insisting for recovery of the money from Yogendra Prasad Singh whereas the learned Presiding Officer, Labour Court Ranchi has directed all the respondents therein to pay the amount due to the workman. Thus, they are jointly and severally liable to pay the workman who has worked for 92 days, for a very less wage much less than the minimum wages as enshrined in the relevant Act.

(3.) Learned counsel for the respondent-State submits that the Block Development Officer, Sonahatu, Ranchi has filed a counter affidavit before the learned Single Judge stating that no money was paid by the Block Development Officer, NREP and the appellant himself paid money from his own pocket to one labour for construction of the road.