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2011 Supreme(AP) 496
High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE K.C.BHANU
The Singareni Collieries Workers’ Union & Others
Versus
The Singareni Collieries Company Limited & Others
WRIT PETITION Nos.18976 OF 2008, 15661 OF 2009, 16160 OF 2009, 23384 OF 2009
Decided on : 07-07-2011
For the Petitioner:C.V. Mohan Reddy, Advocate.
For the Respondents:Nandigama Krishna Rao Advocate.
Headnote:A) PAYMENT OF WAGES ACT, 1936, Sections 9 (2), 1 (16) (as substituted by Amendment Act of 2005) and 1 (5) Certified Standing Orders of Singareni Collieries Co. Ltd. No.9.1 and No.26:- Petitioners who are getting more than Rs.6500/- er month is exempted from the provisions of the Act and hence the notification of Singareni Colleries Co. Ltd. proposing to penal deduction of two days for each day of the strike is not enforceable petitioners. There cannot be even acquiesce or even estopel against statute. Though as per Certified Standing Orders No.9.1, wages to all workmen shall be paid in accordance with provisions of the Act, it is controlled by Section 1 (6) of the Act - Certified Standing Order No.26 though empowers appointing/disciplinary authority to impose penalties for misconduct, there is no pleading to the effect that first respondent company exercised its power under the said clause of the Orders. Striking down the G.O. issued by the Government, respondent company was given the liberty to proceed under the standing orders if felt necessary. (Paras 13 to 20)
B) PAYMENT OF WAGES ACT, 1936, Section 9 (2) and proviso :- Section 9 (2) allows for deduction of the wages for absence from duty irrespective of whether the strike is legal or illegal, but the provision to the section enables peal deduction in case absence of employees due to illegal strike. (Para 15)
C) PAYMENT OF WAGES ACT, 1936, Section 1(6):- This provision makes the Act applicable to only employees who are earning less than Rs.6500/- per month, but not to others. (Para 13)
Writ Petition No.18976 of 2008 is filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the 2nd respondent in issuing Proceedings Ref.No.CRP/PER/IR, dated 27.08.2008, for penal deduction of wages under Section 9(2) of Payment of Wages Act, 1936 (for short, ‘the Act’) at the rate of two days wages for each workmen who participated in strike on 20.08.2008 as illegal, arbitrary, voilative of principles of natural justice and without jurisdiction.
2. Writ Petition Nos.15661 of 2009 and 16160 of 2009 are filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the 2nd respondent in issuing the Proceedings Ref.No.CRP/PER/IR/S/ 550/1823, dated 23.07.2009, imposing penal deduction of wages at the rate of two days for each day of illegal strike (not exceeding eight days wages for the strike) under Section 9(2) of the Act from the workmen of GDK-10 Incline, who have participated in strike from 2nd shift of 19.07.2009 to 1st shift of 20.07.2009 from the wages for the month of July, 2009, payable in August, 2009, as illegal, arbitrary, violative of principles of natural justice and without jurisdiction and consequently set aside the same.
3. Writ Petition No.23384 of 2009 is filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the 4th respondent in imposing the penal deduction of wages at the rate of two days for each day for the alleged illegal strike, dated 05.10.2009, from the workmen of GDK-10A Incline as illegal, arbitrary, violative of principles of natural justice and without jurisdiction and consequently set aside the same.
4. Since the common point involved in all the Writ Petition, they are being taken up for disposal together by this Common Order.
5. The brief facts that are necessary for the disposal of these Writ Petitions are as follows:
The petitioners are the employees of the first respondent company, the Singareni Collieries Company Limited, and the first petitioner is a recognized trade union operating in the first respondent company. The petitioners’ union issued a notice, dated 04.08.2008, for one day token strike by the employees of the first respondent company along with employees of public sector undertakings, Banks, etc., for redressal of demands concurring working class in the entire country on 20.08.2008. The second respondent, the Chief General Manager (Personnel) of first respondent, issued Proceedings Ref.No.CRP/PER/IR/P/427/1628, dated 27.08.2008, imposing penal deduction of wages at the rate of two days wages for each day of illegal strike from the workmen who participated in strike on 20.08.2008 from the wages for the month of August, 2008, payable in September, 2008. In response to the same, the Chief General Manger (Personnel), Bhoopalpalli, ordered for recovery of penal wages for two days from the workmen of KTK-1, KTK-2, KTK-5 and KTK-6 mines vide endorsement Circular No.BHP/PER/2008/27/3301, dated 27.08.2008. Thereafter, a notice was displayed on the notice board, the Circular Ref. No.BHP/PER/2006/16/3411, dated 30.08.2008, displaying number of workmen whose wages are to be deducted for participating in strike on 20.08.2008. The employees of the first respondent company are being paid wages as per National Coal Wage Agreement-VII, dated 15.07.2005, which came into effect from 01.07.2001. The lower paid employee in the company is daily rated General Mazdoor, Category-I. A fresh recruited employee in that category will draw minimum wage of Rs.358.16 per day. If it is multiplied by 26 days, the monthly rate of wage would be Rs.9,312.16. The list of employees whose wages are going to be deducted was displayed by the company vide letter, dated 30.08.2008. The lower pay to be recovered from an employee is Rs.715.73. Thus, the employee is drawing more than Rs.6,500/- per month. The recovery is sought to be made under the Act
