VIKRAM TAMASKAR Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) THE petitioners are all executives employed in the Bhilai Steel plant by the Steel Authority of India Ltd. , a Government company registred under the Companies Act, 1956. The petitioners, grievance in this petition under Article 226 of the Constitution is that the respondents have wrongly deducted their salaries for the periods from 3rd August to 31st August, 1981 and 1st September to 11th September, 1981. The petitioners pray for issuance of a writ of mandamus to the respondents for payment of their salaries for the aforesaid periods. Notice for admission of this petition was issued to the respondents in answer to which a return was filed and the petition was heard on merits.

(2.) THE respondents support the deduction of the petitioners' salaries on the principle of "no work no pay". The respondents' case is that though the petitioners attended the site or place of work during the said periods and signed the attendance register, they did not work at all in spite of various warnings with a view to coerce the respondents, to agree to certain demands like a trade union and this conduct of the petitioners delayed the commissioning and completion of various units under the 4. 0 MT Expansion Scheme of the Plant.

(3.) THERE is a sharp dispute on the question of fact whether the petitioners did the normal work or not. The petitioners' averments in the petition are that they not only attended the place of work and signed the attendance register but also did the normal work and that the slowing down of the progress of the erection of the Plate Mill was for the reason that the electrical overhead trolly cranes were defective. The respondents' case, as stated above, is that the petitioners except for signing the attendance register, did not work at all in a concerted action like a trade union for coercing the respondents to accede to their demands.