SUPERINTENDENT OF COLLIERIES Vs. DEPUTY COMMR

JUDGEMENT

(1.) The petitioner is the Superintendent of Collieries, Giridih. He has presented an application to this Court under Articles 226 and 227 of the Constitution, and asked for a writ, in the nature of mandamus commanding opposite party No. 1 who is the Deputy Commissioner of Hazaribagh, not to give effect to his order dated the 7th September, 1955, passed under Section 15 (3) of the Payment of Wages Act, 1936 (Act IV of 1936), and, not to direct the petitioner to refund to opposite party 2 to 5, who are some of the workmen employed in Karbarbaree colliery in Giridih, the amount of bonus realised from them because it was illegally paid to them, in ignorance, and, in contravention of the provisions of the Coal Mines Bonus Scheme, 1948, framed under Section 6 of the Coal Mines Provident Fund and Bonus Schemes Act, 1948 (Act XLVI of 1948); He has also asked for a writ in the nature of certiorari to quash the aforesaid order of the opposite party No. 1.

(2.) The petitioner is the person who is responsible for the payment of wages, under Section 3 of the Payment of Wages Act to the workmen in the Collieries in Giridih, including Karoarbaree Colliery, in which opposite party 2 to 5 were also working.

(3.) The petitioner's case is that the workmen of the said Colliery are entitled to the payment of bonus in terms of, and, on compliance with the conditions laid down in the Coal Mines Bonus Scheme, 1948. Through oversight and by sheer mistake, bonus was paid to many workmen, including opposite party 2 to 5, although they were not legally entitled to receive the same in accordance with the coal mines 'bonus Scheme. When the mistake was pointed out by the auditor, steps were taken, to realise it from such workmen, including opposite party 2 to 5, by deduction from their wages.