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2019 DIGILAW 238 (HP)

Pragati Engineers Workers Association v. National Highway Authority Of India

2019-03-07

AJAY MOHAN GOEL, SURYA KANT

body2019
JUDGMENT Surya Kant, C.J. - The petitioner represents Workers'' Association of the Workmen engaged by respondent No. 4, who is Sub-Contractor of respondents No. 2 & 3 and is executing the work allotted to respondents No. 2 & 3 by National Highways Authority of India. The petitioner alleges that its members-workers have not been paid their wages by respondent No. 4. 2. Since respondents No. 2 to 4 are private entities and there is no relationship of master and servant between the members of the petitioner and the National Highways Authority of India, it will not be possible for this Court to entertain this writ petition or issue writ of mandamus to the private respondents to pay the wages. However, the petitioner''s Association is not remediless. The petitioner or its members are entitled to approach the prescribed Authority under the Payment of Wages Act, 1936 as also Authority under the Minimum Wages Act, 1948 and in the event of any unfair labour practice adopted by the private respondents, such workers or their union are entitled to raise industrial dispute under the Industrial Disputes Act, 1947 as well. 3. Since the only issue raised in the instant writ petition is regarding non-payment of wages, we direct the Authority(s) prescribed under the Payment of Wages Act as also the Authority under the Minimum Wages Act to call for the record from respondents No. 2 to 4 and ascertain whether due amount of wages has been paid to the engaged workers and if not, let appropriation action, in accordance with law, be taken after hearing the parties. Needful shall be done within a period of one month. The writ petition is accordingly disposed of along with pending application(s), if any.