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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2907 OF 2014

SOUTH EASTERN COALFIELDS LTD. & ORS. APPELLANT(S)

VERSUS

RASHTRIYA COLLIERY MAJDOOR CONGRESS & ORS. RESPONDENT(S)

WITH

C.A. NO.6121 OF 2021

(@ SLP(C) No.2015/2011)

O R D E R

Leave granted in SLP(C) No.2015/2011.

The challenge in the present appeals is to an order passed by

the Division Bench of the Madhya Pradesh High Court on 09.11.2010

whereby a circular dated 14.07.2007 was quashed and the appellants

were directed to extend the benefit of check-off facility to the

first respondent.

The question in the present appeal is whether a non-affiliated

Union to the 5 Central Trade Unions is entitled to seek check-off

facility i.e. whether deduction of the contribution of the

employees to the Trade Union by the employer is permissible under

Section 7(2)(kkk) of the Payment of Wages Act, 1936 (in short, ‘the

Act’). Section 7(2)(kkk) of the Act reads thus:

Digitally signed by R

Natarajan

Date: 2021.10.01

16:58:38 IST

Reason:

Signature Not Verified

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“7. Deductions which may be made from wages.-

(1) ………………………

(2) Deductions from the wages of an employed person shall

be made only in accordance with the provisions of

this Act, and may be of the following kinds only,

namely-

(kkk) deductions made, with the written

authorisation of the employed person, for

payment of the fees payable by him for

the membership of any trade union

registered under the Trade Unions Act,

1926 (16 of 1926);

………….”

The requirements of the above provision is in two folds,

firstly, that the membership is of a registered Trade Union under

the Trade Unions Act, 1926 and secondly, there is a written

authorization of the employed person, for payment of the fees

payable by him for the membership of such a Trade Union. Therefore,

whether any Union is affiliated to the Central Unions or not, is

not contemplated by the Act.

Consequently, we do not find any error in the order passed by

the Division Bench of the High Court. It is clarified that if there

is a registered Trade Union and the person employed submits a

written authorization for the payment of membership fee, the same

is bound to be allowed by the appellants.

With the abovesaid directions and liberty, the appeals stand

disposed of.

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In the light of the above, no orders are called for in

Interlocutory Application No.8 for impleadment.

Pending application(s), if any, also stand disposed of.

……………………………………………………J.

[HEMANT GUPTA]

……………………………………………………J.

[V. RAMASUBRAMANIAN]

NEW DELHI;

30^th SEPTEMBER, 2021

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ITEM NO.106 COURT NO.11 SECTION IV-C

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Civil Appeal No(s). 2907/2014

SOUTH EASTERN COALFIELDS LTD. & ORS. Appellant(s)

VERSUS

RASHTRIYA COLLIERY MAJDOOR CONGRESS & ORS. Respondent(s)

(I.A. No.8 (Application for impleadment) )

WITH

SLP(C) No. 2015/2011 (IV-C)

Date : 30-09-2021 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA

HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

For Appellant(s)/

Mr. Ajit Kumar Sinha, Sr. Adv.

Petitioner

Mr. T. G. Narayanan Nair, AOR

Ms. Priya Balakrishna, Adv.

Mr. Kunal Verma, AOR

Ms. Yugandhara Pawar Jha, Adv.

Mr. Ashwin Kumar Nair, Adv.

For respondent(s)

Mr. Colin Gonsalves Sr. Adv.

Mr. Amiy Shukla, Adv.

Mr. Sunil Singh Parihar, Adv.

Mr. Prashant Kumar, AOR

Mr. Amit Pawan, AOR

For applicant(s)

Mr. Upendra Pratap Singh, Adv.

Ms. Kheyali Singh, Adv.

Mr. Abhay Kumar, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted in SLP(C) No.2015/2011