S.J.MUKHOPADHAYA, A.C.J. - (1.) Petitioner, in this writ petition, has challenged the order dated October 4, 2001, passed by the Labour Commissioner-cum-Registrar of Trade Unions, whereby and whereunder, the said authority has observed that the practice of deduction of Membership fee from the wages, popularly known as Check off System, is undemocratic. The main ground taken by the petitioner is that the Labour Commissioner either in his capacity or in the capacity of Registrar of Trade Unions has no such jurisdiction to make any observation as to whether the deduction of Membership, fee from the wages, popularly known as Check Off System, is democratic or not. Learned counsel has also relied on Section 7(2)(kkk) of the Payment of Wages Act, 1936 in support of deduction, which reads as follows: "7. Deductions which may be made from wages. -(1) (2) Deductions from the wages of an employed person shall be made only in accordance with the provisions of this Act. and may be of the following kinds only, namely: (kkk) deduction made, with the written authorization of the employed person, for payment of the fees payable by him for the membership of any trade union registered under the Trade Unions Act, 1926 (16/1926)."
(2.) Fourth respondent has appeared and supported the claim of the petitioner that the Labour Commissioner-cum-Registrar. Trade Unions, has no such jurisdiction.
(3.) Counsel appearing on behalf of the State also could not lay hand on any provision of law to state that the said authority has any jurisdiction to give declaration with regard to any action of the Union in the matter of deduction of Membership fees from the wages.;