1 2026:CGHC:21884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2244 of 2026 1 - Jugul Kishor Rathore S/o Late Bhaiya Lal Rathore Aged About 52 Years President, Sayunkt Thekedaari Majdoor Union (Citu), Office - Near Tahsil, Jaithari, District -Anuppur (M.P.). ... Petitioner(s) versus 1 - Union Of India Through The Secretary, Ministry Of Labour And Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi,. 2 - Chief Labour Commissioner(Central) Shramev Jayte Bahwan, G-4 Sector- 10, Dwarka, New Delhi, 3 - Project Head National Thermal Power Corporation (Ntpc), Lara, District - Raigarh (C.G). 4 - Manager (H.R.), National Thermal Power Corporation (Ntpc), Lara, District - Raigarh (C.G). 5 - M/s M. R. R. Engineering Works National Thermal Power Corporation (Ntpc), Lara, District - Raigarh (C.G). ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Keshav Dewangan For Respondent(s) No. 1 & 2 : Mr. Ramakant Mishra, DSGI. For Respondent No. 3 & 4 : Mr. Anuroop Panda, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 11/05/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction directing the respondents to release the unpaid wages and overtime dues payable to the aforesaid eight labourers for the period from 23.09.2024 to 04.11.2024, within a stipulated time. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay the wages and overtime dues strictly in accordance with the minimum wage rates prescribed by the Central Government. 10.3 That, this Hon'ble Court may kindly be pleased to direct respondent No.2 to take immediate action on the petitioner's complaint dated 07.05.2025 and ensure payment of the dues of the labourers. 10.4 That, this Hon'ble Court may kindly be pleased to award interest on the delayed payment of wages and overtime dues to the concerned labourers. 10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.” 2. Brief facts of the case, is that, the present writ petition has been 3 filed by the petitioner, who is the President of Sayunkt Thekedaari Majdoor Union (CITU), Jaithari, District Anuppur, on behalf of eight labourers namely Nemchand Rathore, Ashwani Kumar Bareth, Bhisham Singh Rathore, Lallu Singh Rathore, Sakharam Rathore, Sipahilal, Nandlal Rathore, and Diman Rathore, seeking release and payment of their unpaid wages as well as overtime dues. It is submitted that the aforesaid labourers were engaged by respondent No. 5, namely M/s M.R.R. Engineering Works, which was functioning as a contractor under the National Thermal Power Corporation (NTPC), Lara, District Raigarh, for carrying out overhauling work in Boiler No. 1 during the period from 23.09.2024 to 04.11.2024. During the course of their employment, the labourers not only discharged their regular duties during normal working hours but were also continuously required to perform overtime work for approximately 8 to 10 hours daily, however, despite having rendered their services diligently and continuously during the aforesaid period, the respondents failed to pay their lawful wages and overtime remuneration. It is further submitted that the labourers concerned, along with the petitioner union, repeatedly approached respondent Nos. 2 and 3 and submitted several representations requesting payment of their legitimate dues, but no effective action has been taken till date by the authorities concerned; according to the petitioner, the continued withholding of wages and overtime dues of the labourers by the respondents is wholly arbitrary, illegal, and 4 contrary to the provisions of labour welfare legislations, besides being violative of Articles 14, 21, and 23 of the Constitution of India; it is also submitted that the labourers in question belong to economically weaker sections of society and are dependent solely upon their wages for sustenance and livelihood, and due to non- payment of their legitimate dues they are facing severe financial hardship and deprivation; being left with no other efficacious alternative remedy, the petitioner has been constrained to invoke the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India by filing the present writ petition. 3. Learned counsel for the petitioner submits that although the concerned labourers were formally engaged through private respondent No. 5, they were in fact discharging their duties and performing work in connection with the project and operations of NTPC, Lara, and therefore the grievance raised by the petitioner regarding non-payment of wages and overtime dues cannot be completely dissociated from the responsibility of NTPC, Lara. It is further submitted that since the work was being carried out for the benefit and under the supervision of NTPC, Lara, the grievance of the labourers deserves to be properly examined and redressed by the concerned authorities of NTPC in accordance with law. Hence, this petition. 4. Learned counsel for respondents No. 3 & 4 submits that the present petition has been instituted by one Shri Jugal Kishore Rallia claiming himself to be the President of the concerned 5 Union, however, no document whatsoever has been filed on record to establish either his authority or his locus standi to institute and maintain the present proceedings on behalf of the alleged Union or the affected workmen. It is further submitted that neither any certificate of registration of the said Union has been placed on record nor has any authorization letter, resolution, or other valid document authorizing Shri Jugal Kishore Rallia to file and prosecute the present petition been annexed along with the pleadings, and therefore, in absence of any such material, the petitioner has no legal standing to maintain the present writ petition. It is further contended that the grievance raised in the petition pertains to payment of wages and other alleged dues payable to certain workmen who were admittedly engaged through a private contractor, namely respondent No. 5, and therefore the liability, if any, rests solely upon the said contractor and not upon the answering respondent i.e. NTPC. Learned counsel further submits that there exists no relationship of employer and employee between NTPC and the said workmen, inasmuch as the labourers were engaged exclusively by respondent No. 5, who alone is responsible for payment of wages, overtime dues, and other statutory liabilities payable to its employees/workmen under the applicable labour laws, however, it is submitted that even then, if the affected workmen approach NTPC with their grievance, the answering respondent shall make an endeavour to facilitate resolution of the dispute between the 6 affected persons and respondent No. 5 in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, and further taking into consideration the fact that the present petition has been filed by the President of Sayunkt Thekedaari Majdoor Union (CITU) without there being any specific authorization or authority letter executed by the concerned labourers in his favour, this Court is of the opinion that if any grievance still survives in respect of payment of wages or other dues, the concerned labourers themselves ought to approach respondent No. 5 or the competent authority in accordance with law; and in the event respondent No. 5, along with the individual labourers concerned, approaches the NTPC, Lara, earnest efforts shall be made to resolve the dispute and address the grievance in accordance with law. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat