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TMI Blog2017 (7) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... o be premature, as final adjudication is yet to be done by the learned Labour Court, as mandated under Section 15(3) of the said Act. It is well settled that normally the writ petitions filed against the show cause notices issued by the authorities, should not be entertained, unless the same are without jurisdiction. On plain reading of Section 15(3) of the said Act, it is evident that a detail procedure of hearing has been delineated therein. So far as the apprehension of the petitioner that the learned Labour Court is in hurry, as the notice dated 17.06.2017 indicates that the case shall be disposed of on the next date of hearing i.e. 15.07.2017, the same is also unfounded. In fact, the notice dated 17.06.2017 (Annexure-4) has been iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is still pending. It has further been claimed by the petitioner that due to bad financial condition of the Company, the wages of the employees have not been paid since October, 2016. Moreover, the facilities and subsidies borne by the petitioner were also withdrawn. The workmen of the Company had preferred several representations before the Inspector of factories with regard to delayed payment of wages under the said Act, who had directed the petitioner to make payment of the wages. However, the respondent-workman filed an application being P.W. Case No. 4/2017 before the learned Labour Court, Jamshedpur alleging, inter alia, that the petitioner has unlawfully deducted the wages of the respondent-workman from October, 2016 to May, 2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 16.06.2017. 5. After hearing the learned Sr. counsel for the petitioner and on going through the relevant documents placed on record, it appears that the learned Labour Court after receipt of the application filed by the respondent under Section 15(2) of the said Act, heard the case on admission and, accordingly, issued notice to the petitioner in Form-E of the said Rules. The writ petition filed by the petitioner appears to be premature, as final adjudication is yet to be done by the learned Labour Court, as mandated under Section 15(3) of the said Act. It is well settled that normally the writ petitions filed against the show cause notices issued by the authorities, should not be entertained, unless the same are without jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not accorded to the writ petitioner even at the threshold by the interim protection granted. 7. The main submission of the learned Sr. counsel for the petitioner is that since the application was filed by the respondent before the learned Labour Court, Jamshedpur for unlawful deduction of the wages and not for delayed payment of the wages, the learned Labour Court should not have issued notice to the petitioner without appreciating the difference between both the claims. It has also been submitted that the learned Labour Court, Jamshedpur is in hurry to dispose of the application of the respondent filed under Section 15(2) of the said Act, which is evident from the fact that the case has been fixed for final disposal on 15.07.2017. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, or who shall be accompanied by some person able to answer all such questions, on the ......... day of ......... 20 ......... at ........ o' clock in the forenoon/afternoon to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the application will be heard and determined in your absence. Given under my hand and seal, this day of ...... 20 ...... ............... Seal Authority 10. On comparison, it is evident that the aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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