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2026 Supreme(Online)(Chh) 16302
HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
JUGUL KISHOR RATHORE – Appellant
Versus
UNION OF INDIA – Respondent
WPC No. 2244 of 2026
For the Appellants/Petitioners: Keshav Dewangan
For the Respondents: Ramakant Mishra, Anuroop Panda
A union representative lacks locus standi to maintain a writ petition for unpaid wages on behalf of labourers without specific authorization or proof of union registration; primary liability for wages rests with the immediate contractor.
Headnote:The petitioner, acting as the President of a labour union, filed a writ petition under Article 226 of the Constitution of India seeking the release of unpaid wages and overtime dues for eight labourers engaged by a private contractor for overhauling work at a National Thermal Power Corporation (NTPC) site. The court found that the petition was filed without specific authorization from the affected labourers or proof of the union's registration. The central issue was whether the union representative had the locus standi to maintain the proceedings and whether the principal employer (NTPC) could be held liable for wages due from a private contractor. The court reasoned that in the absence of authorization letters or registration documents, the petitioner lacked legal standing, and the primary liability for wages rests with the immediate contractor, although the principal employer may facilitate a resolution. With this observation and direction, the writ petition is disposed of.
| Table of Content |
|---|
| 1. claim for unpaid wages and overtime by contract laborers. (Para 1 , 2) |
| 2. dispute over locus standi and employer liability. (Para 3 , 4) |
| 3. requirement of authorization for union representatives to sue. (Para 5 , 6 , 7) |
Order on Board
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction directing the respondents to release the unpaid wages and overtime dues payable to the aforesaid eight labourers for the period from 23.09.2024 to 04.11.2024, within a stipulated time.
10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay the wages and overtime dues strictly in accordance with the minimum wage rates prescribed by the Central Government.
10.3 That, this Hon'ble Court may kindly be pleased to direct respondent No.2 to take immediate action on the petitioner's complaint dated 07.05.2025 and ensure payment of the dues of the labourers.
10.4 That, this Hon'ble Court may kindly be pleased to award interest on the delayed payment of wages and overtime dues to the concerned labourers.
10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.”
2. Brief facts of the case, is that, the present writ petition has been filed by the petitioner, who is the President of Sayunkt Thekedaari Majdoor Union (CITU), Jaithari, District Anuppur, on behalf of eight labourers namely Nemchand Rathore, Ashwani Kumar Bareth, Bhisham Singh Rathore, Lallu Singh Rathore, Sakharam Rathore, Sipahilal, Nandlal Rathore, and Diman Rathore, seeking release and payment of their unpaid wages as well as overtime dues. It is submitted that the aforesaid labourers were engaged by respondent No. 5, namely M/s M.R.R. Engineering Works, which was functioning as a contractor under the National Thermal Power Corporation (NTPC), Lara, District Raigarh, for carrying out overhauling work in Boiler No. 1 during the period from 23.09.2024 to 04.11.2024. During the course of their employment, the labourers not only discharged their regular duties during normal working hours but were also continuously required to perform overtime work for approximately 8 to 10 hours daily, however, despite having rendered their services diligently and continuously during the aforesaid period, the respondents failed to pay their lawful wages and overtime remuneration. It is further submitted that the labourers concerned, along with the petitioner union, repeatedly approached respondent Nos. 2 and 3 and submitted several representations requesting payment of their legitimate dues, but no effective action has been taken till date by the authorities concerned; according to the petitioner, the continued withholding of wages and overtime dues of the labourers by the respondents is wholly arbitrary, illegal, and contrary to the provisions of labour welfare legislations, besides being violative of Articles 14, 21, and 23 of the Constitution of India; it is also submitted that the labourers in question belong to economically weaker sections of society and are dependent solely upon their wages for sustenance and livelihood, and due to non-payment of their legitimate dues they are facing severe financial hardship and deprivation; being left with no other efficacious alternative remedy, the petitioner has been constrained to invoke the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India by filing the present writ petition.
3. Learned counsel for the petitioner submits that although the concerned labourers were formally engaged through private respondent No. 5, they were in fact discharging their duties and performing work in connection with the project and operations of NTPC, Lara, and therefore the grievance raised by the petitioner regarding non-
