punthus@gmail.com
Hi,
I am working for a security guard agency as a op--manager.We had a contract of security guards supply with tata power mumbai. but our MD failed to pay the salary to guards who worked in tata power, and the tata power also didnt paid the cheques to our company. So our guards not recieved wages for last six month and the contract also discontinued,. I humbly request u to give me some suggestion that how tata power is responsible for the guards wages.
puneeth s kumar
8286470977

From India, Mumbai
Harsh Kumar Mehta
923

Sir,

Kindly see Section 21(4) of the Contract Labour (Regulation and Abolition) Act, 1970, which is reproduced as follows:-

"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 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 deduction from any amount payable to the contractor under any contract or as a debt payable by the contract."

In view of above, in my opinion, the principal employer to which the contractor employees were working is also equally responsible for payment of wages to the security contractor employees.

Section 3(2) of The Payment of Wages Act, 1936 is also helpful and relevant in the matter.

Perhaps Manager of such Security Contract establishment may also be treated as principal employer under section 2(g)(iv) of Contract Labour (Regulation and Abolition) Act, 1970 as mentioned above and responsible for payment of wages to the labour.

From India, Noida
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