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    K. Ramaswamy and D.P. Wadhwa, JJ

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    Harshit Shrivastava

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    © All Rights Reserved
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    K. Ramaswamy and D.P. Wadhwa, JJ

    Uploaded by

    Harshit Shrivastava
    60 views2 pages

    Original Title

    Senior_Regional_Manager_Food_Corporation_of_India_0911s970358COM656872

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    60 views2 pages

    K. Ramaswamy and D.P. Wadhwa, JJ

    Uploaded by

    Harshit Shrivastava

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    © All Rights Reserved
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    of 2

    MANU/SC/0626/1997

    Equivalent Citation: AIR1997SC 2446, 1998 1 AWC 401SC , JT1997(5)SC 175, (1997)IILLJ747SC , (1997)IIMLJ81(SC ), 1997(2)PLJR51,
    1997(4)SC ALE12, (1997)5SC C 51, (1997)SC C (LS)1111, [1997]3SC R892, 1997(3)SC T262(SC ), 1997(3)SLJ15(SC ), 1997(4)SLR309(SC ),
    1997(2)UJ190

    IN THE SUPREME COURT OF INDIA


    Civil Appeal No. 3136 of 1997
    Decided On: 21.04.1997
    Appellants:Senior Regional Manager, Food Corporation of India, Calcutta
    Vs.
    Respondent: Tulsi Das Bauri and Ors.
    Hon'ble Judges/Coram:
    K. Ramaswamy and D.P. Wadhwa, JJ.
    Counsels:
    For Appellant/Petitioner/Plaintiff: Y. Prabhakar Rao, Adv
    For Respondents/Defendant: Bijan Kumar Ghosh, Adv.
    Case Note:
    Labour and Industrial - payment of wages - Section 21 (4) of Contract
    Labour (Regulation and Abolition) Act, 1970 - appeal challenging direction
    given to appellant to pay to respondent arrears of balance of amount of
    wages - appellant contended that arrears of wages are not wages under
    Section 21 and therefore appellant not liable to make payment to
    respondents - principal employer statutorily responsible to ensure payment
    of wages as per law - in case contractor commits default in payment of
    wages then principal employer shall be made responsible for due payment -
    principle employer statutorily responsible to ensure payment of wages as
    per law - 'wages' includes balance of wages or arrears - appeal dismissed.
    JUDGMENT
    K. Ramaswamy and D.P. Wadhwa, JJ.
    1. Leave granted.
    2. This appeal by special leave arises from the judgment of the Division Bench of the
    High Court of Calcutta passed on September 6, 1995 in FMAT No. 2098/94.
    3 . The undisputed facts are that respondent Nos. 1.91 were engaged as contract
    labour by Bhagwat Prasad Choudhary, Respondent No. 94 and while they were
    working, they were refused payment of the full wages. As a consequence, they laid
    claim for payment of the amount. Ultimately, the Division Bench has directed by the
    impugned judgment that the appellant shall be liable to pay the arrears of the balance
    of the amount of the wages.
    4 . Shri V.P. Rao, learned Counsel appearing for the appellant contends that the
    arrears of wages are not wages under Section 21 of the Contract Labour (Regulation

    09-09-2020 (Page 1 of 2) www.manupatra.com WBNUJS Library and Information Centre


    and Abolition) Act, 1973 and that, therefore, the appellant is not liable to make the
    payment to the respondents. We find no force in the contention.
    5. Section 21 postulates the responsibility for payment of wages. Under Sub-section
    (1) a contractor shall be responsible for payment of wages to each worker employed
    by him as contract labour and such wages shall be paid before the expiry of such
    period as may be prescribed. Under Sub-section (4), in case the contractor fails to
    make payment of wages within the prescribed period or makes short payment, then
    the principal employer shall be liable to make payment of wages in full or the unpaid
    balance due, as the case may be, to the contract labour employed by the contractor
    and recover the amount so paid from the contractor either by deducting from any
    amount payable to the contractor under any contract or as a debt payable by the
    contractor. That liability has been prescribed under Sub-section (2) thereof which
    says that every principal employer shall nominate a representative duly authorised by
    him to be present at the time of disbursement of wages by the contractor and it shall
    be the duty of such representative to certify the amounts paid as wages in such
    manner as may be prescribed.
    6. Thus it could be seen that the principal employer is statutory responsible to ensure
    payment of the wages as per the law. In case the contractor commits default in the
    payment of the wages, the principal employer is made responsible for due payment
    and in case such payment is made, he is entitled to have it recovered by deducting
    from any amount payable to the contractor under the contract or as a debt payable by
    the contractor.
    7. Thus, it is clear that the principal employer is required to pay the wages. The term
    'wages' includes the balance of wages or arrears thereof. Under these circumstances,
    we do not think that it is a case warranting interference.
    8. The appeal is dismissed. No costs.

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    09-09-2020 (Page 2 of 2) www.manupatra.com WBNUJS Library and Information Centre

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