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TMI Blog1997 (4) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... DGMENT K. RAMASWAMY AND D.P. WADHWA, JJ. 1. 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 Choudhary, Respondent No. 94 and while they were working, they were refused pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the expiry of such period as may be prescribed. Under Sub-section (4), 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 the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by deducting from any amount payable to the contractor under the contract or as a debt payable by the contractor. 7. Thus, it is clear that the principal employer is required to pay the wages. The term 'wages' includes the balance of wages or arrears thereof. Under these circumstances, we do not think that it is a case warranting interference. 8. The appeal is dismissed. No costs. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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