HIND KHADAN MAZDOOR FEDERATION Vs. COAL INDIA LTD

JUDGEMENT

(1.) Petitioner a registered trade union has filed this writ petition challenging the orders dated 20-10-10 and 19-10-10 issued by the Respondents proposing to make recovery of salary for the period employees of the Petitioners' union remained on strike and, the further proposal to recover 8 days salary by virtue of the powers conferred on the Respondents under Section 9(2) of the Payments of Wages Act, 1936.

(2.) Inter alia contending that the Payments of the Wages Act, 1936 does not apply on the members of the Petitioner's union as they are drawing salary more than Rs. 10,000/- (Rupees Ten thousand only) and further contending that the deduction of salary is illegal, Petitioner seeks interference into the matter.

(3.) As the proposed action for recovery is in accordance with the provisions contemplated under Section 9 (2) of the Payment of Wages Act on the ground that the deduction is illegal and contrary to the provisions of Payment of Wages Act and as it is the case of the Petitioner's union that various members are drawing salary beyond the limit stipulated and, therefore, the Payment of Wages Act is not applicable, the Petitioners have a remedy to challenge the aforesaid action by resorting to the remedy available under Section 15 of the Payment of Wages Act and, thereafter, to the remedy by filing of appeal under Section 17. As a statutory remedy for challenging the impugned action is available under the Payment of Wages Act itself, when this Court posed the question to the learned Counsel as to why the petition be not dismissed. Learned Counsel placing reliance on a decision of the Bombay High Court in the case of Panther Power Kamgar Sanghatana and Ors. v. Jhalani Y.C. and Ors., 1998 1 LLJ 884, contends that the writ petition is maintainable. Further, reliance is placed on a judgment of the Andhra Pradesh High Court in the case of Tyre Retreading Shop Committee, Hyderabad v. A.P.S.R.T.C., Hyderabad and Ors.,2002 1 LLJ 438. Attention is also invited to an order passed by the Division Bench of this Court in the case of Chhattisgarh Khadan Karkhana Mazdoor Union, Bilaspur v. Union of India and Ors.,1997 MPLSR 265, to contend that when the recovery itself is illegal, interference can be made by this Court directly in a writ petition.