RAJENDRA MENON
Hind Khadan Mazdoor Federation – Appellant
Versus
Coal India Ltd. – Respondent
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
4. U.P. State Spinning Co. Company Ltd. v. R.S. Pandey and Anr. (2005) 8 SCC 264;
6. State of Himachal Pradesh and Ors. v. Gujarat Ambuja Cement Ltd. and Anr. (2005) 6 SCC 499;
19. L.L. Sudhakar Reddy and Ors. v. State of Andhra Pradesh and Ors. 2001 6 SCC 634;
21. Pratap Singh and Anr. v. State of Haryana 2002 7 SCC 484;
22. G.K.N. Driveshafts (India) Ltd. v. Income Tax Officer and Ors. 2003 1 SCC 72;
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29. Basant Kumar Sarkar and Ors. v. Eagle Rolling Mills Ltd. and Ors. 1964 (6) SCR 913;
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27. Chandrakant Tukaram Nikam v. Municipal Corporation of Ahmedabad and Anr. 2002 2 SCC 542;
28. Scooters India and Ors. v. Vijai V. Eldred 1998 6 SCC 549;
25. Premier Automobiles Ltd. v. Kamlekar Shantarum Wadke 1976 1 SCC 496;
7. K.S. Rashid and Sons v. Income Tax Investigation Commission and Ors. AIR 1954 SC 207;
9. Union of India v. T.R. Varma AIR 1957 SC 882;
10. State of U.P. and Ors. v. Mohammad Nooh AIR 1958 SC 86;
11. K.S. Venkataraman and Co. Company (P) Ltd. v. State of Madras AIR 1966 SC 1089;
12. State of Madhya Pradesh and Anr. v. Bhailal Bhai etc. etc. AIR 1964 SC 1006;
15. Siliguri Municipality and Ors. v. Amalendu Das and Ors. AIR 1984 SC 653; S.T.
A. Venkatasubbiah Naidu v. S. Chellappan and Ors. 2000 7 SCC 695;
23. A.P. Foods v. S. Samuel and Ors. 2006 5 SCC 469;
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