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Taicher Coal Mines Employees' Union vs Taicher Colliery And Ors. on 4 July, 1990 cites

Mechanical Superintendent, ... vs The Authority, Visakapatnam And Ors. on 30 January, 1968

8. Sri Palit next contends that whichever authority might be required to adjudicate the dispute, unless there is a prior determination of the question whether the concerted absence was without reasonable cause, no deduction at all can be made with the aid of the proviso to Section 9(2) of the Act. To bring home this submission, reliance has been strenuously placed by the learned counsel on Mechanical Superintendent, Visakhapatnam Port Trust v. Authority under the Payment of Wages Act A.I.R. 1969 A.P. 200. Our attention has been particularly invited to the observation made in Para 6 of this judgment wherein it was stated that the authority is bound to adjudicate upon the justification for the strike because it is only where the strike is without reasonable cause, that the further deduction can be made. From this observation it does not follow that the adjudication by the authority has to precede any action of deduction. In fact, from what has been stated in Para 4, it would be clear that it is only after deduction has been made that the authority gets jurisdiction to adjudicate the dispute. This would be apparent from the following appearing in this paragraph:
Andhra HC (Pre-Telangana) Cites 17 - Cited by 2 - Full Document
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