ORAL JUDGMENT

Date : 17-03-2023

1. Learned counsel for the petitioner submits that the proceedings initiated against the petitioner under the payment of Wages Act are wholly without jurisdiction. The Officer has exercised jurisdiction which was not vested with him.

2. Learned counsel has taken this Court to the order passed by the concerned authority dated 21.08.2018 which reflects that the authority has treated the carpenter who were given a contract to build windows and doors and plyboard partitions as workmen. From the order, it is also reflected that the contract was not for the workmen but for the construction of the doors, windows, building partitions and chowkis. The doors and windows were fixed for a cost of Rs. 1,48,000, plyboard partition for Rs. 1,000, chowkis for Rs. 500 and there was no payment required to be made to the respondents as workmen. In view thereto, it is submitted that the provisions of the Payment of Wages Act would have no application and the order passed by the Sub Divisional Officer deserved to be quashed. 3. Learned counsel appearing for the concerned respondent admits that he is a contractor who had undertaken the work and for the said purpose, he had