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The Chief General Manager, Hpcl, ... vs The General Secretary, Hpcl Employees ... on 27 March, 2017
cites
D. Baliah And Ors. vs Secretary, Indian Detonators Limited on 2 April, 1975
Turning to
the decision in D.Balaiah v. The Secretary, Indian Detonators Ltd,
Kukatpalli, Hyderabad relied upon by learned counsel for both the sides, it
is to be noted that the issue is as to whether a notice ought to have been
given to each individual employee before the penal wage cut was imposed.
In this cited decision, the facts disclose that a general notice was displayed
on the notice board but, individual notices were not given to the workmen.
This Court held that while it is true that notice should be given, it is not
necessary it should be given in any particular form nor is it necessary that it
should be sent individually. This Court also held that a general notice is
sufficient so long as the workers concerned were made aware of the
proposed deduction. In the case on hand, a general notice was displayed on
all the notice boards is undisputed.
Article 226 in Constitution of India [Constitution]
The Payment Of Wages Act, 1936
Section 11A in The Industrial Disputes Act, 1947 [Entire Act]
Apsrtc National Mazdoor Union, ... vs Apsrtc on 6 August, 1997
Further, to
meet this contention, the learned counsel for the writ petitioner-refinery
relied upon the decision in Divisional Secretary, APSRTC, National Mazdoor
Union, Sangareddy v. APSRTC . In this decision, the facts show that 69
conductors and 71 drivers who are members of the Union went on strike for
two days in protest against an assault of employees of a Depot by some
antisocial elements and, therefore, an order was passed for recovering eight
days wages from the said conductors and drivers as their explanation was
found unsatisfactory. This Court, while holding that the Corporation was
justified in imposing penal wage cut for 8 days, as stoppage of work caused
great inconvenience to the public, held inter alia that even if provisions of
Payments of Wages Act have no application to the members of the
petitioners-Union, still the authority, who passed the order, imposing penal
wage cut has got right and jurisdiction to impose such penalty.
The Depot Manager, Apsrtc vs The Addl. Labour Court And Ors. on 12 February, 1993
The decision in The Depot Manager,
APSRTC, Khammam v. The Addl. Industrial Tribunal-cum-Addl. Labour
Court, Hyderabad & Another is relied upon by the learned counsel for the
petitioner in support of the contention that in a case of this nature where
the issue is not one of termination or dismissal or removal of the employee,
the Tribunal has no jurisdiction under Section 11-A to alter the penal wage
cut as Section 11-A of the I.D. Act, 1947, has no application.
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