SAMIR KUMAR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioners are the employees under the respondent, the Calcutta State Transport Corporation working at its City Office, Central Workshop as well as various depots. The Pay Review Committee established by the Government of West Bengal made recommendations for fixing of new scales of pay of the employees of the Government of West Bengal. The Government of West Bengal in its turn by a notification made the said recommendations of the said Pay Review Committee applicable to the employees of the Calcutta State Transport Corporation with effect from April 1, 1970. The respondent No. 3 thereafter fixed such pay scale for its employees which include the petitioners with effect from April 1, 1970. The order fixing such scale of pay was made on November 29, 1972. A copy of the said order has been set out in Annexure A to the petition. The said order, inter alia, provides as follows: As per G.O. 10565 W. T. dated September 30, 1972, the arrears of payments (except P. F. elements) for the period from April 1, 1970 to March 31, 1972, should not be paid in cash but be credited to a special fund to be named as Retirement Benefit Fund, subject to the terms and conditions laid down therein. Because of the aforesaid directions contained in the said order, the petitioners have not been paid their arrears of salaries payable to them at the enhanced rate as mentioned hereinabove for the period from April 1, 1970 to March 31. 1972. The petitioners in the instant application impugned the said directions contained in the said order for withholding their salary at the enhanced rate from April 1, 1970 to March 31, 1972 and pray for the issue of a writ in the nature of mandamus for having the said directions quashed.

(2.) THE contention of Mr. Sadhan Gupta appearing on behalf of the petitioners is that the said directions for withholding of the said pay for the said period was and is contrary to the provisions of law and in particular Section 7 of the Payment of Wages Act and, therefore, should be struck down. The petitioners also in the instant proceeding pray for a writ in the nature of mandamus directing the respondent Nos. 2 to 5 to pay all arrears of salaries withheld from the petitioners for the said period between April 1, 1970 to March 31, 1972. Section 7 of the Payment of Wages Act provides for the payment of the wages of an employed person to him without the deduction of any kind except those authorised by or under this Act. It has not been disputed by or on behalf of any of the respondents that Section 7 is applicable to the instant case.

(3.) FOR the reasons mentioned above, this application must succeed Rule nisi is made absolute. Each party shall, however, pay and bear his or its own costs of and incidental to this application. The operation of this order shall, however, remain stayed until January 3, 1974.