IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.246 of 2010 Babban Paswan S/O Chhabinath Paswan R/O Vill- Darwan, P.S. Mohania, Distt. Kaimur, Bhabhua Versus 1. Union Of India Through Labour Enforcement Officer (Central), Dehri-On-Sone, Bihar 2. Labour Enforcement Officer (Central), Dehri-On-Sone, Bihar 3. Food Corporation Of India, General Manager F.C.I. Regional Office, Exhibition Road, Patna 4. General Manager F.C.I. Regional Office, Exhibition Road, Patna 5. Prabhat Kumar Gautam S/O Not Known R/O Vill- Chouri, P.O. & .S. Kochas, Distt. Rohtas 6. Singh Transport Through Pramod Kumar Singh R/O Moh- Chandani Chowk, P.S. Mohania, Distt. Kaimur. ---------------------------------- 5. 23.8.2011. Heard Mr. Sourendra Kumar Pandey, learned counsel appearing on behalf of the petitioner, Mr. Prabhakar Tekriwal, learned counsel for the Food Corporation of India and Mr. Akash Chaturvedi, learned counsel appearing on behalf of the respondent no.5. The petitioner is a Sardar of 177 labourers, who were engaged for loading and unloading of the food grains at Mohania Center of Food Corporation of India by the respondent no.5 and raise an issue of non payment of wages. It is the contention of the petitioner that the respondent no.3 had engaged the services of the respondent no.5 for 2 transportation and loading/unloading of food grains at the Mohania center of the Food Corporation of India and in turn the petitioners were engaged by the respondent no.5. It is stated that on complaint of non payment of wages by the respondent no.5 being made by the petitioner before the Labour Enforcement Officer (Central), Dehri On Sone, Bihar, the matter was enquired and the respondent Area Manager of the Food Corporation of India, District Office, Gaya was directed to ensure the payment of the labourers, the list of which is appended to the order dated 31.7.2009 passed by the Labour Enforcement Officer placed at Annexure-2 of the writ petition. The Labour enforcement Officer, while passing the order, has mentioned that as the contractor respondent no.5 M/s Prabhat Kumar Gautam had failed to make the payment to the Labourers, hence considering the provisions of the Contract Labour ((Regulation & Abolition) Act, 1970, the Food Corporation of India, being the principal employer, the liability fell upon the Food Corporation of India to make the payment. Mr. Prabhakar Tekriwal, learned counsel appearing on behalf of the Food Corporation of 3 India, while making reference to the letters dated 23.12.2009 placed at Annexure-B and l7.1.2010 placed at Annexure-B/1, of the Labour Enforcement Officer (Central) Dehri-On-Sone, submits that he has himself accepted that the workers had received their payments in full and since the petitioner was not included in the list of the workers submitted by the contractor who was engaged for the purpose of loading and unloading of the food grains, hence, the petitioner and his companions were not entitled to any payment. Mr. Akash Chaturvedi, learned counsel appearing on behalf of the respondent no.5 also supports the contention of Mr. Tekriwal, submitting that the petitioner was not engaged by the respondent no.5 for carrying out any loading work of the food grains and thus not entitled for anything. Be that as it may, as the name of the petitioner and other 177 labourers indeed finds mention in the list appended to the letter dated 31.7.2009 of the Labour Enforcement Officer placed at Annexure-2 of the writ petition, it is for the Labour Enforcement Officer to examine the claim as set out by the petitioner and pass appropriate orders taking into consideration the 4 contentions of the Food Corporation of India as well as the contractor the respondent no.5 M/s Prabhat Kumar Gautam. That being the position, the writ petition is disposed of with liberty to the petitioner to raise his grievance together with supportive details and documents in respect of their claim for payment of the wages of the labourers, before the respondent no.2 the Labour Enforcement Officer, Dehri On Sone, and who shall consider and dispose of the same in accordance with law after giving opportunity of hearing to the contesting parties including the Food Corporation of India and respondent no.5. An early and expeditious disposal of the representation preferably within a period of three months from the date of receipt/filing of the same, would be appreciated. ahk (Jyoti Saran, J.)