TAICHER COAL MINES EMPLOYEES UNION Vs. TAICHER COLLIERY

JUDGEMENT

(1.) PENAL deduction of wages for a period of 8 days from certain category of employees of Talcher Colliery with the aid of the proviso to Section 9 (2) of the Payment of Wages Act, 1936 (shortly stated, the Act), has been assailed in this application under Article 226 of the Constitution principally on two grounds, viz. :

(2.) TO appreciate these submissions advanced by Shri Palit, the broad facts of the case may be noted. These are: The loaders of the Talcher Colliery were discharging their duties earlier from 7 A. M. to 3 P. M. which was called "day shift. " Likewise, there were evening and night shifts from 3 P. M. to 11 P. M. and from 11 P. M to 7 A. M. of the next day. These hours were shifted on and from 23 April 1984, to 8 A. M. to 4 P. M. , 4 P. M. to 12 P. M. and 12 P. M. to 8 AM of the next day. This change was not entertained by the loaders because of which they did not attend their duties on 23, 24 and 26 April 1984. The management, therefore, issued a general notice, vide Annexure 2, dated 29 April 1984, describing the absence from duty as illegal strike because of which it was stated that their emoluments for the month of April would be paid after deducting 8 days' wages. An industrial dispute in regard to the change in the condition of service was raised which came to be referred to the Industrial Tribunal by a Notification, dated 4 August 1984. In the mean time, this petition had been filed by. the employees' union in which the deduction has been assailed on the grounds stated above.

(3.) TO answer the two contentions advanced by Sri Palit, we may read Section 9 in its entirety: