Gauhati High Court
Page No.# 1/3 vs Sanjib Puri And 2 Ors on 23 February, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010008962022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1259/2022
UNION OF INDIA AND ANR.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF
DEFENCE, SOUTH BLOCK, NEW DELHI-110001
2: THE GENERAL OFFICER COMMANDING
HQ 51 SUB AREA CAMP
NARANGI MILITARY STATION
C/O 99 APO
SATGAON
GUWAHATI-781027 REPRESENTED BY ITS AUTHORIZED REPRESENTATIV
VERSUS
SANJIB PURI AND 2 ORS.
IN REPRESENTATIVE CAPACITY ALONG WITH 69 CONTRACT WORKERS,
C/O SAURAV PAUL, S/O SHRI TIWIK RANJAN PAUL, SATGAON, PRAGATI
NAGAR, BYE LANE NO. 5, P.O.-UDAYAN VIHAR, GUWAHATI-7810171 (IN
REPRESENTATIVE CAPACITY FOR 69 WORKERS IN CLAIM PETITION
BEING G.R. NO. 34/2021)
2:THE PROPRIETOR/PARTNER
M/S LOKENATH BUILDERS
ARMY CONTRACTOR
REPRESENTED BY SHRI GAUTAM MITRA
PARTNER AND SHRI MADAN PAUL
PARTNER
ALIPURDUAR JUNCTION
RAILWAY BAZAR
JALPAIGURI
WEST BENGAL-736123
3:SHAMMI J TIGGA
REGIONAL LABOUR COMMISSIONER (CENTRAL)
GUWAHATI CUM AUTHORITY UNDER THE MINIMUM WAGES ACT
Page No.# 2/3
194
Advocate for the Petitioner : MR H GUPTA
Advocate for the Respondent :
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 23.02.2022 Heard Mr. H. Gupta, learned CGC for the petitioners.
As the contract workers working under the builder M/s Lokenath Builders, an Army Contractor, engaged by the petitioners were paid less amount, they approached the Regional Labour Commissioner (Central) at Guwahati by filing a Claim Application being Claim Application No. G/R43/2018 before the Regional Labour Commissioner (Central) at Guwahati under Section 20 of the Minimum Wages Act, 1948.
After hearing the parties, the authority under the Minimum Wages Act, 1948 and the Regional Labour Commissioner (Central) at Guwahati, by order dated 08.10.2021 directed the petitioners as well as the concerned builder to deposit a sum of Rs.27,70,128/- within a period of 30 (thirty) days including Rs.18,70,128/- towards amount of difference wages and Rs.9,00,000/- as compensation in the Office of the Regional Labour Commissioner (Central) at Guwahati by way of Demand Draft drawn in favour of the Authority under the Minimum Wages Act as conferred under Section 20 (3) of the Minimum Wages Act.
Being aggrieved with the same the respondent No. 2 of said Claim Application No. G/R43/2018, the present petitioners filed a Review Application being Review No.G/R/34/2021 under Rule 29 of the Minimum Wages (Central) Rules, 1950 against the said order dated 08.10.2021 passed by the Authority under the Minimum Wages Act, 1948.
After hearing the parties the authorities under the Minimum Wages Act, 1948 and the Regional Labour Commissioner (Central) at Guwahati by order dated 16.12.2021, Page No.# 3/3 dismissed the said review application.
Being aggrieved with the said order dated 08.10.2021 passed by the Authority under the Minimum Wages Act, 1948 and the Regional Labour Commissioner (Central) at Guwahati in Claim Application No. G/R43/2018, the petitioners have preferred this writ petition stating that they have already made requisite payment with the respondent No. 2, the concerned Builder, and as such, no such double payment can be made from the Public Exchequer as directed by the Authority under the Minimum Wages Act, 1948 and the Regional Labour Commissioner (Central) at Guwahati, and if at all any such payment is to be made, it will be against the respondent No. 2, the concerned Builder who has engaged the contract workers through the respondent No. 1.
Issue notice, returnable by 28.03.2022.
Petitioners shall take steps for service of notice on the respondent Nos. 1, 2 & 3 by registered post with A/D by tomorrow, i.e., 24.02.2022, providing their proper and correct addresses with requisite postal stamps.
The interim prayer of the petitioner shall be considered on the returnable date (i.e., 28.03.2022), after due service of notice on the respondent Nos. 1, 2 & 3.
List accordingly.
JUDGE Comparing Assistant