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2006 Supreme(Cal) 786
High Court Of Calcutta
Before Mr. Justice Prabuddha Sankar Banerjee
SAMAR KUMAR ROY - Appellant
Versus
JHARNA ROY - Respondent
C. O. 1894 Of 2006
Decided On : 12/12/2006
AYAN CHAKRABORTY, DEBAMITRA CHANDA, KAUSIK CHANDA, S.DAS, UTTAM KUMAR BHATTACHARYA
The West Bengal Commission for Woman does not have the authority to direct an employer to withhold an employee's salary or deduct a portion of it to be paid to the employee's alleged wife.
Headnote:
WEST BENGAL COMMISSION FOR WOMAN ACT, 1992 - SECTION 11 - The West Bengal Commission for Woman does not have the authority to direct an employer to withhold an employee's salary or deduct a portion of it to be paid to the employee's alleged wife.
Fact of the Case:
The petitioner, an employee of the Directorate of Employment, challenged an order by the West Bengal Commission for Woman directing his employer to withhold his salary and deduct 1/3rd of it to be paid directly to his alleged wife. The petitioner argued that the Commission lacked the power to issue such an order and that he had not been given an opportunity to present his case.
Finding of the Court:
The court found that the West Bengal Commission for Woman Act, 1992 did not confer the power on the Commission to direct an employer to withhold an employee's salary or deduct a portion of it to be paid to the employee's alleged wife. The court also noted that the petitioner had not been given an opportunity to present his case before the Commission.
Issues: 1. Whether the West Bengal Commission for Woman has the power to direct an employer to withhold an employee's salary or deduct a portion of it to be paid to the employee's alleged wife? 2. Whether the petitioner was given an opportunity to present his case before the Commission?
Ratio Decidendi: The court held that the West Bengal Commission for Woman Act, 1992 does not confer the power on the Commission to direct an employer to withhold an employee's salary or deduct a portion of it to be paid to the employee's alleged wife. The court also held that the petitioner had not been given an opportunity to present his case before the Commission.
Final Decision: The court allowed the revisional application and set aside the order of the West Bengal Commission for Woman directing the petitioner's employer to withhold his salary and deduct 1/3rd of it to be paid directly to his alleged wife.
( 2 ) BY the said letter the Employment Officer-in-Charge, District employment Exchange, Jangipur was asked to release the salary of the present petitioner which was withheld previously. By the said letter 1/3rd salary of the present petitioner was asked to be deducted from the month of November 2005 and to send the same directly to his wife Jharna Roy.
( 3 ) THE fact leading to the filing of the instant revisional application may be summed up as follows : -
(i) That the present petitioner joined as Lower Division Clerk under the Directorate of Employment in the year 1996 and was transferred to Jangipur Employment/exchange on 14th March, 2005. He was working at Rabindra Bharati University on deputation. He was asked by the Deputy Chief of U. E. I and GB vide his letter dated 25. 7. 2005 to appear in person before the Chairperson of West bengal Commission for Woman on 3. 8. 2005 at 1. 30 p. m. on the basis of complaint against him. The petitioner by his letter dated 27. 7. 2005 asked the Chairperson, West Bengal Commission for woman that as he was not aware regarding nature of the complaint lodged by the opposite party, he requested to supply him with the copy of the complaint. He did not receive any reply from the said commission.
(ii) On 11. 11. 2005 the petitioner also received one letter from the Deputy Chief UEI and GB vide his letter dated 7. 11. 2005 by which he was directed to appear in person on 8. 11. 2005 at about 1. 00 p. m. before the said commission failing which the matter would be viewed seriously and disciplinary measure as per Government Rules should be taken up against him. As the petitioner received the letter on 11. 11. 2005, the question of appearing before the commission on 7. 11. 2005 does not arise. In the said letter the Additional Director, directorate of Employment specifically instructed the Employment officer-in-Charge, District Employment Exchange, Jangipur that unless the petitioner appear before the West Bengal Commission for Woman, his salary will be withheld as instructed by the West bengal Commission for Woman. The petitioner asked the authority for releasing his salary. Though he received his salary for the month of October 2005, his salary was not paid for the month of November 2005. It is the case of the present petitioner that West Bengal commission for Woman is not at all empowered under the statute to give any direction upon the employer of the petitioner to withhold his salary to ensure his presence before the said commission. The present petitioner moved before the Hon'ble High Court as per provision of Article 226 of the Constitution of India which was numbered as W. P. No. 23752 (W) of 2005 where he prayed for relief as per prayer made in the said application. However, the said application was disposed of by the learned Single Judge without interfering with the act of the Commission against which he moved before the Division Bench which was numbered as M. A. T. No. 348 of 2006. Subsequently, he received one letter dated 23. 3. 2006 in which the Chairperson, West Bengal Commission for Woman asked the Director of Employment Exchange to release his salary which was withheld but directed that 1/3rd of the petitioner's salary should be deducted from the month of November 2005 and the same should be sent directly to the Opposite Party-Jharna Roy. The said appeal being M. A. T. No. 348 of 2006 was withdrawn on 10. 4. 2006 and there was specific observation that "withdrawal of the said appeal should not be viewed to the prejudice to either of the parties".
(iii) Thereafter, the present petitioner made representation on 25. 4. 2006 before the Commission requesting him to supply the document as per list given in Paragraph-22 of the revisional application. As
