ORDER

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 Choudhury, 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 Y.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 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. Un