MOTI LAL Vs. SUPERINTENDENT GOVERNMENT PRESS

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated July 26, 1994 passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petition filed by the petitioner-appellant and maintained the order dated January 25, 1993 passed by the Labour Court, Jodhpur by which the learned Judge of the labour Court dismissed the application filed by the appellant-petitioner under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short, 'the Act') on the ground that it is not maintainable and the workman may approach the appropriate forum for the redressal of his grievances.

(2.) APPELLANT Moti Lal was working a Mono Caster in the Government Printing Press Jodhpur, during the period from October, 1/79 to March, 1980, on daily wages basis. During this period, some additional payments were made to the workman on account of over time. In the internal audit it was found that some excess payments have been made to the daily rated workers and some persons have been given appointments contrary to the instructions and rules. In pursuance of the report of the Internal Audit Party it was ordered by the Director that the amounts of excess payment made to the various daily wages employees may be recovered. In pursuance to the order dated August 3, 1982 of the Director the letter dated September 17, 1982 was issued by the Superintendent, Government Printing press, Jodhpur to the appellant-petitioner directing him to deposit a sum of Rs. 530/which was paid to him in excess. It was, also, mentioned in this letter that if the amount is not deposited then the same will be deducted from his wages payable in the month of September, 1982 and onwards. The appellant-workman did not deposit the amount and raised an objection that this amount is not liable to be deducted and it was rightly paid to him. As the amount was not deposited, a sum of Rs. 100/- was deducted from his wages of October, 1982.

(3.) THE appellant thereafter moved an application under Section 33-C (2) of the Act before the Labour Court, Jodhpur challenging the order of recovery of the earned wages amounting to Rs. 530/ -. It was mentioned in the application filed by Shri Moti Lal that the applicant worked on daily wages basis at the rate of Rs. 5/- per day in the Government Printing Press, Jodhpur as the Assistant Mono Caster since October, 1979 to March, 1980 on different dates and an amount of Rs. 340/- was paid to him and an order has been passed by the Superintendent, Government Printing Press, Jodhpur on September 17, 1982 on the basis of the order dated August 3, 1982 passed by the Directorate for the recovery of the amount of Rs. 400/ -. It has, also been mentioned in the application that the amount of Rs. 130/-paid as over time payment to him, has also, been ordered to be recovered from the applicant and from the wages of the month of October, 1982 of the applicant, Rs. 100/- have been recovered and remaining amount of Rs. 430/- is to be recovered @ Rs. 100/-per month from the monthly wages of the applicant. It has, also been mentioned in the application that ten to fifteen more persons were, also employed on daily wages basis with the non-applicant but the applicant and one Shri Hukam Singh have been selected as the persons from whom the recoveries are being made and therefore, the recovery proceedings are discriminatory and amounts to unfair labour practice and there is a dispute between the parties regarding the recovery of this amount. It was, therefore, prayed that the amount in question may be computed.