RAJESH SHANKAR,J. - (1.) Heard learned counsels for the parties.
(2.) The present writ petition has been filed for a declaration that the case being P.W. Case No. 4/2017 pending before the learned Labour Court, Jamshedpur is not maintainable under the scheme and object of the Payment of Wages Act, 1936 [hereinafter to be referred to as 'the said Act']. The petitioner has further prayed for setting aside the order dated 16.06.2017 passed in P.W. Case No. 4/2017 whereby, the learned Labour Court, Jamshedpur has admitted the case and issued notice in Form-E as per the Payment of Wages (Procedure) Rules, 1937 [hereinafter to be referred to as 'the said Rules'] for final disposal of the application.
(3.) The factual background of the case is that the petitioner is claiming that it is a Company suffering from financial crunch due to which it had also made an application before the Secretary, Department of Labour and Employment, Government of Jharkhand, Ranchi for seeking permission under Section 25-O of the Industrial Disputes Act, 1947 for closure of the Company, but the same was refused vide order dated 27.10.2016 against which the petitioner preferred a writ petition before this Court being W.P.(L) No. 6690/2016 which 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 Moreover, the facilities and subsidies borne by the petitioner were also withdrawn.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 amounting to Rs. 1,28,053/-, which was payable on month to month basis by the 10th day of the following month. The learned Labour Court vide order dated 16.06.2017, admitted the case and issued notice to the petitioner, which is under challenge in the present writ petition.;