No proof, no wages: HC sets aside 2002 order awarding back wages to worker | Hyderabad News

Hyderabad: Telangana high court has set aside a 2002 order of the Payment of Wages Authority directing the Andhra Pradesh panchayat raj department to pay back wages and triple compensation to a worker, T Ravinder, ruling that the initial burden of proving an employer-employee relationship rests on the claimant.Justice Laxmi Narayana Alishetty allowed a petition filed by the rural water supply division, Sangareddy, holding that the authority had erred in entertaining Ravinder’s claim under the Payment of Wages Act without first establishing a master-servant relationship.The department said Ravinder, who worked as a waterman, had been engaged by private contractors under piece-work agreements for pipeline maintenance and was not directly employed by the govt. It also said a 1993 ban on engaging daily-wage workers meant no such appointments were made.Ravinder, however, claimed he had worked directly for the department as a waterman and was paid less than the prescribed schedule rates. He said departmental work records supported his claim.The HC noted that Ravinder had produced no appointment letter, wage register or muster roll to establish direct employment. It said the absence of contractors or non-production of records by the department did not absolve him of proving his initial claim.The court also held that an alternative appellate remedy does not bar writ jurisdiction under Article 226 when an authority acts without jurisdiction.