- (1.) Both these writ petitions have been taken up together as they involve adjudication identical points of law and similar questions of facts.
(2.) The Petitioners before me in both the petitions are a trade association and its Secretary, and in these proceedings they have challenged the legality of two orders passed by the Referee appointed under the West Bengal Shops and Establishments Act, 1963, (1963 Act, in short) on 31st August, 2009 in two applications bearing No. l-P/08 and 18-P/2007. These orders have been passed in a dispute raised by the Respondent No. 3, who admittedly is an employee of the Petitioner No. l with prayer for recovery of wages. In W.P. No. 20050(W) of 2009 the dispute is over certain sum of money which the Respondent No. 3 claims was deducted illegally from his salary during certain period between 30th April, 2007 and 31st April, 2007. In W.P. No. 20051(W) of 2009, period involved is between 24th July, 2007 and 31st December, 2007. The Respondent No. 3 has specifically complained to the Referee for non-payment of earned wages and unlawful deduction of earned wages.
(3.) The origin of the dispute lies in steps taken by the Petitioner No. 1, in not paying the salary of the Respondent No. 3 for the period between 3 p.m. and 5 p.m. on certain specific days, within the period specified above. The Respondent No. 3 had been appointed as a peon-cum-bearer on 8th December, 1986 by the Petitioner No. 1.;