D.P. SARAF Vs. S.E.C.L.

JUDGEMENT

(1.) The petitioner (Storekeeper) and two other employees working in the South Eastern Coalfields Limited (in short, SECL) Manikpur Colliery were subjected to order of transfer by order dated 13-1-2009 vide Aimexure P/4 and consequent relieving was refused by the petition, and he proceeded on strike called on jointly by Jharkhand Colliery Mazda Union and Coal India Kamgar Sangharsh Samanvay Samiti from 19th to 21st January, 2009.

(2.) Now the petitioner has filed this petition stating inter alia that deduction of two days wages along with miscellaneous deduction equivalent to eight days wages from his salary by the respondents herein under proviso to section 9(2) of the Act, 1936 is not only unauthorised but also unsustainable in law.

(3.) Respondent-Secl has filed its return stating inter alia that the petitioner has efficacious statutory alternative remedy of raising dispute before the authorised officer under section 15 of the Act, 1936, and further pleaded that petitioner has participated in the strike for two days, and therefore, deduction made from his salary is just and proper and this petition deserves to be dismissed.