LAFARGE INDIA EMPLOYEES UNION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner, in this writ petition, has challenged the order dated October 4, 2001, passed by the Labour Commissioner-cum-Registrar of Trade Unions, whereby and whereunder, the said authority has observed that the practice of deduction of Membership fee from the wages, popularly known as Check off System, is undemocratic. The main ground taken by the petitioner is that the Labour Commissioner either in his capacity or in the capacity of Registrar of Trade Unions has no such jurisdiction to make any observation as to whether the deduction of Membership, fee from the wages, popularly known as Check Off System, is democratic or not. Learned counsel has also relied on Section 7(2)(kkk) of the Payment of Wages Act, 1936 in support of deduction, which reads as follows:

(2.) Fourth respondent has appeared and supported the claim of the petitioner that the Labour Commissioner-cum-Registrar. Trade Unions, has no such jurisdiction.

(3.) Counsel appearing on behalf of the State also could not lay hand on any provision of law to state that the said authority has any jurisdiction to give declaration with regard to any action of the Union in the matter of deduction of Membership fees from the wages.