JK INDUSTRIES LTD Vs. ALI MOHD DAR

JUDGEMENT

(1.) RESPONDENTS 1 to 71 are the employees of J&K Industries and are working in its unit known as Govt. Silk Weaving Factory Rajbagh. These employees filed an application before the Authority under payment of wages Act to restrain the employer JKI from deducting their earned wages from their pay, on the plea that it amounts to unfair labour practice. The unlawful deductions from their wages were also prayed to be recovered and paid back to these employees. They succeeded before the authority and a direction is issued to JKI Ltd. and the Govt. Silk Weaving Rajbagh to deposit the amount of Rs.4, 74,875.35, the wages illegally deducted from the salaries of these employees. This order is passed on 17.04.2002. The order is impugned in this petition on the ground that the respondents without waiting for the outcome of the writ petition SWP No. 1485/ 98 filed before the High Court on the same subject filed the application before the authority simultaneously and the authority without awaiting for out -come of the writ petition passed the impugned order disposing of the application. The claim before the authority was time barred and the claim could not have been entertained and upheld by the authority. The wages have been deducted in exercise of powers vested in the management and within parameter of law. The order passed by the authority operates adversely to the interest of the Government Silk Weaving Factory at Rajbagh. The alternative remedy of appeal available to petitioner is expensive.

(2.) OBJECTIONS /reply has been filed. In reply, it is stated that there is no bar for the employees to take simultaneous proceedings for release of the illegally deducted wages. The management decision relied for withholding the wages has no efficacy in law as the necessary legal provisions too have not been followed. Employer has not availed of efficacious and effective statutory remedy available to it. Resorting to writ jurisdiction in the facts and circumstances of this case, is misplaced. Petitioners are entitled to the benefits which are guaranteed to them by the Industrial and Labour Laws. The impugned order is passed within jurisdiction.

(3.) THE perusal of the impugned order shows that after the application was moved before the authority respondents did not appear before the authority on summons. In the proceedings some interim directions of stoppage of illegal deductions from the pay of respondents was passed on 311.2001 by the authority found the deductions illegal and a direction for prosecution of Management is also passed. The JKI produced detailed statement with regard to date and amount of recoveries unlawfully deducted from the employees. The authority also noticed that some agreement providing for deductions in the event of workers/ employees resorting to less production, willful default, pollution of factory atmosphere etc is on the subject. But on the premise that the agreement is not authenticated by the concerned officer as required under the provisions of Factory Act, the agreement was found to be not valid. The authority passed the order for deposit of illegally deducted wages from the employees Respondent no. 1 to 71, calculated at Rs.4,74,875.35 for defrayment among these employees on calculations case wise as per statements produced by the . Employer JKI before it.