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2010 Supreme(MP) 802

RAJENDRA MENON
Hind Khadan Mazdoor Federation – Appellant
Versus
Coal India Ltd. – Respondent


ORDER

Rajendra Menon, J.

1. Petitioner a registered trade union has filed this writ petition challenging the orders dated 20-10-10 and 19-10-10 issued by the Respondents proposing to make recovery of salary for the period employees of the Petitioners' union remained on strike and, the further proposal to recover 8 days salary by virtue of the powers conferred on the Respondents under Section 9(2) of the Payments of Wages Act, 1936.

2. Inter alia contending that the Payments of the Wages Act, 1936 does not apply on the members of the Petitioner's union as they are drawing salary more than Rs. 10,000/- (Rupees Ten thousand only) and further contending that the deduction of salary is illegal, Petitioner seeks interference into the matter.

3. As the proposed action for recovery is in accordance with the provisions contemplated under Section 9(2) of the Payment of Wages Act on the ground that the deduction is illegal and contrary to the provisions of Payment of Wages Act and as it is the case of the Petitioner's union that various members are drawing salary beyond the limit stipulated and, therefore, the Payment of Wages Act is not applicable, the Petitioners have a remedy to challenge the






















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