UNITED COMMERCIAL BANK Vs. GUJARAT BANK WORKERS UNION

JUDGEMENT

(1.) The present Second Appeal arises from the judgement and order dated 10/11/1981 passed by the learned Joint District Judge, Rajkot in Civil Appeal Nos.56 of 1980 and 78 of 1981 whereby both these appeals were dismissed with costs.

(2.) The Civil Appeal No.56 of 1980 was filed by Gujarat Bank Workers Union while Civil Appeal No. 78 of 1981 was filed by the United Commercial Bank. These two appeals arose out of one and same judgement dated 31st December, 1979 passed by the Authority under the Payment of Wages Act, Rajkot District, in P.W.Application No. 14 of 1978, whereby the United Commercial Bank, having its head office at Calcutta and its branch office at Rajkot, is directed to pay to the employees the sum mentioned in the order.

(3.) The facts leading to the present Second Appeal are as under : Twenty Three employees, who are represented through the respondent no.1-union, abstained from work between 10.45 a.m. to 2.45 p.m. on 29/12/1977 in protest against the attitude of the Bank regarding their various demands. Thereafter, they attended the work from 2.45 p.m. to 5.45 p.m., but the employer-Bank did not assign work to them between this period i.e. during 2.45 p.m. to 5.45 p.m. This abstain from working was a part of demonstration in support of the workers' rights and demands. The Bank deducted the wages for the whole day of 29/12/1997 from the salary of the concerned workman. Being aggrieved by this action of the Bank, the 23 employees, who were represented by Bank Workers Union, through its Secretary, K.P. Antani, presented an application, being Payment of Wages Application No.14 of 1978 under the Payment of Wages Act before the Authority under the Payment of Wages Act. It was contended that as a part of demonstration, the employees abstained from work from 10.45 a.m. to 2.45 p.m. and subsequently attended the work from 2.45 p.m. to 5.45 p.m. and, therefore, the Bank was not entitled to deduct the salary for the whole day particularly when the employees had worked for three hours.