RPAD

BEFORE THE AUTHORITY APPOINTED UNDER THE PAYMENT OF WAGES ACT, 1936, PUOUCHERRY

<><><> Present: Thiru. S. MOUTIOULINGAM Authority under the Payment of Wages Act, 1936, Labour Department Complex, (II Floor),

Vazhudavur Road, Gandhi Nagar,

Between Puducherry.

P.W.A.No.03/2016 Date: r 7FEB ?~~8 Thiru. S. Ramesh &50 others, Represented by Thiru. K. Mohandas, No.26- 1st Floor, New Street,

Koundarpalayam, Puducherry 605 009. . .. Applicants

Vs The Principal, Mis. Perunthalaivar Kamaraj Krishi Vigyan Kendra, Kurumbapet, Puducherry - 605 009.

. •. Opposite Party Record of Order or Direction

1. Serial Number : 03/2016 2. Date of Application : 29.07.2015 3. Name or names, parentag~.

Address or addresses of the applicants,

or some, or all of the applicants belonging to the same unpaid group Thiru. S. Ramesh & 50 others,

represented by Thiru. K. Mohandas. No.26 - 1st Floor, New Street, Koundarpalayam, Puducherry.

4. Name and address of the Employer The Principal, Mis. Perunthalaivar Kamaraj Krishi Vigyan Kendra,

Kurumbapet. Puducherry - 605 110.

5. Amount claimed (a) As delayed wages Rs. 26,17,420/­

(+)Rs. 1,25,99,112/­

Rs. 1,52, 16,532

{b) As deducted from wages

6. Plea of the employer and his Examination (If any)

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7 . The factual matrix that stood exposited from the claim application filed by the

applicant run thus:

Thiru. S. Ramesh & 50 others represented by TvL T. Kandavel and K.

Mohandas, President and General Secretary - Perunthalaivar Kamarajar Krishi Vigyan

Kendra Thozhilalargal Sangam affiliated to NR Trade Union Congress (NRTUC) had

filed Form of Group application dated 29.7.2015 in Form 8 against the management of

Mis. Perunthalaivar Kamarajar Krishi Vigyan Kendra, Kurumbapet, Puducherry claiming

wage due for the months of July and November, December, 2014 and January to July­

2015 (10 months). They have estimated the value of the relief as sought by them to a

tune of Rs. 26, 17,420/-. They have further stated that the organization produces various

types of crops and vegetables by using scientific methods for the benefit of people of

Puducherry. In the said organization, around 235 workers are working as daily rated

and seasonal workers and producing fruits and vegetables. They have joined and

worked continuously from the year 2001 to 2003. No wages were paid to the 51 workers

for the months of July, November, December, 2014 and January to July, 2015 (10

months).

Subsequently, Mrs. A.Linkammal & 105 workers represented by Tvl. K.

Mohandas, General Secretary and T. Kanadavel, President of N.R. Trade Union

Congress filed group application dated 19.09.2016 claiming wage due for the months of

July, November and December, 2014 and January to December 2015 and January to

September, 2016 (24 months). They have estimated the value of the relief as sought by

them to a tune of Rs. 1,25,99, 112/-. Hence, the petitioners prayed before the Authority

appointed under the Payment of Wages Act, 1936 to direct the management for

payment of the delayed wages, as the poor workers and their family members are

finding very difficult to meet their household expenses.

8. The crux of the reply of the management is as follows:

The management in their reply dated 22.06.2016 has stated that the Pondicherry

Krishi Vigyan Kendra was established in the year 1974 with the main objective to impart

training to farmers. farm women and youth on improved/scientific methods of cultivating

the land. Later, the name of the institution was changed in the name and style of

"Perunthalaivar Kamaraj Krishi Vigyan Kendra" with the approval of the Governing body.

The activities of this Kendra are purely agricultural oriented and hence the labourers

invoking the Payment of Wages Act, 1936 is totally devoid of merits. The labourers were

not engaged formally as per the established rules and procedures for appointment in

Government undertakings i.e. these labourers have not been appointed through the

Employment Exchange and through advertisement in the newspapers. These labourers

have been engaged out of external pressures exerted by them on this Kendra for

employment opportunities.

..3/­

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During the year 2010, some of the daily rated employees have filed a petition

before the Labour Officer (Conciliation) demanding for regularization in the regular

vacant posts and on failure of the conciliation proceedings, the same was referred to the

Labour Court, Puducherry for adjudication. On 30.05.2013, the Labour Court,

Puducherry passed an Order in l.D.No.32 of 2011 directing the management to

regularize these labourers in the vacant posts and to consider the remaining

unabsorbed labourers in the future vacancies. The Hon'ble High court of Judicature at

Madras had granted an interim stay on 22.08.2014 in Writ Petition No.22729 of 2014

against the order of the Labour Court, Puducherry.

Most of the labourers were engaged after 27.02.2009 i.e. after the notification of

"The Government of Puducherry Casual Labourers (Engagement and Regularization)

Scheme, 2009" dated 27.02.2009 of DP & AR, Chief Secretariat, Puducherry vide

G.O.Ms.No.22, dated 27.02.2009, which is squarely applicable to this Kendra also in

which it is stated that engagement of casual labourers is strictly banned after

27.02.2009. Contrary and in violation of the above said notification, without getting any

formal approval of the Government, a back door entry to nearly 256 numbers of

labourers have been engaged disproportionate to the requirement of the original

manpower of the Kendra in addition to 107 labourers, who were engaged since 2002 to

2009, prior to implementation of the scheme. Apart from this, there are 91 regular

employees are working in this Kendra under the grant-in-aid of the State Government of

Puducherry. Further, the Government has also specifically stated that wages could be

met out from the organization's own sources and have instructed to develop KVK

activities to meet out the wages of these labourers. However, these labourers often

engage themselves in strike and thereby cause heavy loss to this organization and

these labourers involve in activities of litigation only to protect their interest and have not

taken any steps to increase the farm and other revenue generating sources of income

to meet their wages.

The opposite party filed an Interlocutory Application vide dated 2ih November,

2017, stating that the petitioner/opposite party is not contemplated under any category

mentioned under Section 1 of the Payment of Wages Act, 1936, as to applicability of the

Act. As such, the application filed by the respondent herein is outside the jurisdiction of

this Hon'ble Authority and the application is liable to be returned for presentation before

the proper forum. Therefore, they have prayed before this Authority to return the

application filed by the respondent/applicant for presentation before proper forum and

pass such further or other order as this Hon'ble Authority deems fit and proper in the

interest of justice.

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9. Answering: Section 3 of the Payment of Wages Act, 1936 casts on the

employer the responsibility for payment of wages to persons employed by him. As per

clause (ii) of Section 2 of the Payment of Wages Act, 1936, "Industrial establishment"

means

(a) tramway or motor omnibus service;

(b) dock, wharf or jetty;

(c) inland steam-vessel;

(d) mine, quarry or oilfield;

(e) plantation;

(f) workshop or other establishment in which articles are produced, adapted or

manufactured with a view to their use, transport or sale;

(g) establishment in which any work relating to the construction, development or

maintenance of buildings, roads, bridges or canals, or relating to operations

connected with navigation, irrigation or to the supply or of water, or relating to

the generation, transmission and distribution of electricity or any other form of

power is being carried on;

(h) any other establishment or class of establishments which the Central

Government or a State Government may, having regard to the nature

thereof, the need for protection of persons employed therein and other

relevant circumstances, specify, by notification in the Official Gazette.

In this context, it is stated that on perusal of the records, it was found that the

activities of the Perunthalaivar Kamaraj Krishi Vigyan Kendra are purely agricultural

oriented, wherein, various types of crops and vegetables are cultivated for research and

educational purpose. Agriculture activities and research are not covered under the

Payment of Wages Act, 1936. Moreover, either the Central Government or the State

Government have issued specific notification in the Official Gazette as required under

sub-clause (h) of clause (ii) of Section 2 of the Payment of Wages Act, 1936.

In these circumstances, with regard to the issue on merit the Authority appointed

under the Payment of Wages Act, 1936, has no jurisdiction to entertain the claim

application filed by the applicants and the matter is disposed accordingly.

Signed:

Dated : £,,q (S. MOUTTOULINGAM)

.AUTHORITY .APPOINTED UNDER THE PAYMENT OF WAGES ACT, 1936.

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