DINARAM CHUTIYA Vs. KAKAJAN TEA ESTATE

JUDGEMENT

(1.) THE appellants who are the employees in the industrial establishment of the respondent, the Divisional Manager, Kakajan Tea Estate, applied to the Deputy Commissioner, Sibsagar, who is the authority appointed under the Payment of Wages Act, 1936 (No. 4 of 1936) (hereinafter called the Act), and claimed that an amount of Rs. 20, 385 should be ordered to be paid to them by the respondent on the ground that the said amount represented the total illegal deduction of Rs. 2, 000 made by the respondent from the wages payable to the appellants between 1 January, 1955 and 31 May, 1955 and compensation of Rs. 18, 000 and interest thereon. This claim was made under S.15 of the Act.

(2.) THE respondent denied the claim and contended that he had not made any illegal deductions from the wages payable to the appellants. It appears that all the employees of the respondent were paid by the latter their respective wages under the terms of contract entered into between them in about 1950. A branch circular No. LD/G-12 dated 24 November, 1950 was issued in that behalf. On 31 December, 1954 a fresh circular was issued by the respondent making certain alterations in the wage-structure of his employees. Prior to the issue of this circular, servant allowance used to be paid to artisans in grades A, B and C according the agreed schedule. By the circular issued in 1954, the conditions in respect of servant allowance were substantially modified. The appellants belong to grades B and C. In respect of grade B artisans, the new circular provides that one servant should be arranged for two artisans or, if not provided, a servant allowance equal to half the ruling wages of an adult labourer should be paid. It appears that prior to this circular each artisan in grade B was allowed one servant or an allowance equal to the ruling wages of an adult labourer. In respect of artisans in grade C, the new circular provides that they were not entitled either to a servant or to a servant allowance.The appellants' contention before the authority was that the servant allowance which was payable to them had been deducted by the respondent and that constituted the basis of their claim under S.15 of the Act.

(3.) THE authority considered the evidence led before it and came to the conclusion that the appellants were not in a position to dispute the genuineness of the latter circular and there was nothing on the record to show that the artisans "are in any way in receipt of less now after the issue of the circular" than before. In this order, the authority observed that at no stage had the appellants mentioned that by the cut in the servant allowance they were receiving less since the conditions of the circular of 1954 had been brought into force with retrospective effect from 15 August, 1954. That being so, it was held that no deduction can be said to have been illegally made by the respondent and accordingly, the appellants' application was dismissed.The appellants then moved the Assam High Court by a petition under Art. 226 of the Constitution. Before the High Court, one of the preliminary points urged by the respondent was that the contention raised by the appellants by their writ petition cannot properly be agitated before the High Court under Art. 227; the finding made by the authority was a finding of fact and its correctness or propriety cannot be successfully challenged by a petition under Art 227. The High Court, however, dealt with the merits and confirmed the finding of the authority that the circular issued in 1954 did not reduce the total wages paid to the appellants before it was issued. In other words, according to the finding of the High Court, the appellants' wages had not been adversely affected by the new circular at all. On that view, the High Court dismissed the appellants' petition. It is against this order that the appellants have come to this Court with a certificate issued by the High Court.